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Practice Of Real EstateFair HousingMEDIUM

A buyer named James files a housing discrimination complaint against broker Linda with both the MCAD and the Massachusetts Board of Registration of Real Estate Brokers and Salespersons (BORREBS). James prevails at MCAD. Which of the following best describes the relationship between MCAD's determination and BORREBS's disciplinary proceeding?

Correct Answer

C) MCAD and BORREBS are independent bodies; BORREBS conducts its own separate disciplinary proceeding and may impose its own sanctions on Linda's license

MCAD and BORREBS are separate and independent agencies with distinct jurisdictions. MCAD enforces Chapter 151B (anti-discrimination law) and can award damages and civil penalties to the complainant. BORREBS enforces Chapter 112 (real estate licensing law) and has authority to suspend or revoke a licensee's license for conduct that violates professional standards, including fair housing violations. A finding by MCAD does not automatically bind BORREBS, and BORREBS conducts its own independent disciplinary proceeding.

Answer Options
A
BORREBS must automatically revoke Linda's license once MCAD issues a finding of discrimination
B
MCAD's finding is binding on BORREBS, which must impose the same penalty that MCAD ordered
C
MCAD and BORREBS are independent bodies; BORREBS conducts its own separate disciplinary proceeding and may impose its own sanctions on Linda's license
D
BORREBS has no jurisdiction over fair housing violations; only MCAD may take action against Linda for discrimination

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Related Topics & Key Terms

Key Terms:

chapter_151BBORREBSMCADdual_jurisdictionlicense_disciplinefair_housing_enforcement

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