A prospective homebuyer in Mandeville, Louisiana, who is HIV-positive applies for a mortgage and is denied by a lender who states that HIV status makes the applicant a poor credit risk. The buyer then contacts a real estate agent who refuses to show properties because 'the buyer won't be able to get financing anyway.' Under Louisiana's Equal Housing Opportunity Act, which protected class is most directly implicated by both the lender's and the agent's conduct?
Correct Answer
D) Disability, because HIV/AIDS is considered a disability under fair housing law
HIV/AIDS is recognized as a disability under the federal Fair Housing Act and Louisiana's Equal Housing Opportunity Act (La. R.S. 51:2606) because it substantially limits one or more major life activities. Both the lender's denial of credit based on HIV status and the agent's refusal to show properties to an HIV-positive buyer constitute disability discrimination. The agent cannot assume a buyer is unqualified based on a protected characteristic and use that assumption to limit services. Both actions violate fair housing law's disability protections.
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Related Topics & Key Terms
Key Terms:
Related Concepts
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
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