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Practice Of Real EstateFair_housingHARD

A Kansas landlord owns a four-unit apartment building and lives in one of the units. He refuses to rent the remaining units to applicants of a specific ancestry, claiming he qualifies for the 'Mrs. Murphy' exemption under the federal Fair Housing Act. Under Kansas law, which statement is most accurate?

Correct Answer

C) The Kansas Act Against Discrimination may apply more strictly than the federal exemption, and ancestry is a Kansas-protected class not covered by the federal exemption's scope.

The 'Mrs. Murphy' exemption under the federal Fair Housing Act applies to owner-occupied buildings with four or fewer units, allowing the owner to discriminate on certain bases. However, Kansas state law (K.S.A. 44-1015 et seq.) may impose protections beyond the federal floor, and 'ancestry' is a Kansas-specific protected class. A federal exemption does not automatically override state law where state law provides broader protections. Kansas licensees and landlords must comply with whichever law is more protective of the applicant.

Answer Options
A
The landlord qualifies for the exemption under both federal and Kansas law and may legally discriminate based on ancestry.
B
The federal exemption applies, so Kansas law cannot impose stricter requirements on this landlord.
C
The Kansas Act Against Discrimination may apply more strictly than the federal exemption, and ancestry is a Kansas-protected class not covered by the federal exemption's scope.
D
The landlord is exempt from all fair housing laws because he is an owner-occupant of a small building.

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Related Topics & Key Terms

Key Terms:

mrs_murphy_exemptionancestryowner_occupantstate_vs_federalexemptions

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