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Practice Of Real EstateFair_housingEASY

An Illinois property manager tells a prospective tenant that a two-bedroom unit is unavailable, but later rents it to a childless applicant. Evidence suggests the unit was withheld because the first applicant had three minor children. Which of the following best describes the legal exposure under fair housing law?

Correct Answer

C) The property manager likely violated the federal Fair Housing Act and the Illinois Human Rights Act by discriminating on the basis of familial status.

The federal Fair Housing Act (42 U.S.C. § 3604(a)) makes it unlawful to refuse to rent or to make a dwelling unavailable based on familial status, which includes households with children under age 18. The Illinois Human Rights Act (775 ILCS 5/3-102(B)) provides parallel state-level protection. Steering a family away from an available unit and then renting it to a childless applicant is strong evidence of discriminatory refusal, regardless of whether the discrimination was expressed in writing.

Answer Options
A
There is no legal exposure because Illinois fair housing law protects only race, color, and national origin in residential rentals.
B
There is no legal exposure because familial status is a protected class only in commercial leasing, not residential rentals.
C
The property manager likely violated the federal Fair Housing Act and the Illinois Human Rights Act by discriminating on the basis of familial status.
D
There is legal exposure only if the property manager made a written statement expressing a preference against children.

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Related Topics & Key Terms

Key Terms:

difficulty_2fair_housingfamilial_statusfederal_fair_housing_basics_in_illinois_contextfederal_fhafederal_fha_ilillinois_statescenario

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