Tom is an Idaho-licensed broker who recently moved from New Jersey, where gender identity and sexual orientation are state-level protected classes under fair housing law. Tom assumes Idaho has the same protections and advises a landlord client that refusing to rent to transgender applicants violates the Idaho Fair Housing Act. Which of the following best describes Tom's advice?
Correct Answer
A) Tom's advice is incorrect because Idaho's Fair Housing Act does not include gender identity as a state statutory protected class.
Tom's advice is incorrect. The Idaho Fair Housing Act (Idaho Code § 67-5909 et seq.) does not include gender identity or sexual orientation as protected classes at the state statutory level. Idaho's protected classes mirror the seven federal categories: race, color, religion, sex, national origin, disability, and familial status. Tom is incorrectly applying New Jersey law to Idaho, a common mistake for licensees who relocate from states with broader protections.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
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