EstatePass
Practice Of Real EstateFair HousingMEDIUM

A condominium association in Boston refuses to approve the sale of a unit to a same-sex married couple, citing the association's bylaws. The couple files a complaint with the MCAD. Under MGL Chapter 151B, which of the following best describes the legal exposure of the condominium association?

Correct Answer

A) The association may be liable because Chapter 151B prohibits discrimination based on sexual orientation and marital status in housing transactions

Massachusetts General Laws Chapter 151B explicitly prohibits discrimination in housing based on sexual orientation and marital status, both of which are Massachusetts-specific protected classes that go beyond the federal Fair Housing Act. A condominium association's refusal to approve a sale based on the buyers' sexual orientation or marital status violates Chapter 151B regardless of what the association's bylaws state. Condominium associations are covered entities under Chapter 151B.

Answer Options
A
The association may be liable because Chapter 151B prohibits discrimination based on sexual orientation and marital status in housing transactions
B
The association may only be liable if the couple can prove the refusal was based on race or another federally protected class
C
The association has no liability because the federal Fair Housing Act does not include sexual orientation as a protected class
D
The association has no liability because private condominium bylaws are exempt from Chapter 151B's provisions

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Practice Of Real Estate Question

Sign up free to unlock full analysis

Background Knowledge for Practice Of Real Estate

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Practice Of Real Estate

Sign up free to unlock full analysis

Common Mistakes to Avoid on Practice Of Real Estate Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

chapter_151Bsexual_orientationmarital_statusprotected_classescondominiumfair_housing_enforcement

Related Concepts

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.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Was this explanation helpful?

More Practice Of Real Estate Questions

People Also Study

Related Articles

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing