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Practice Of Real EstateFair HousingMEDIUM

Grace owns a duplex in Lowell, Massachusetts, and lives in one unit. She wants to rent the other unit and places an ad in the local newspaper that reads 'Quiet Christian household preferred.' A non-Christian applicant is rejected and files a complaint under MGL Chapter 151B. Which of the following best describes Grace's legal exposure?

Correct Answer

B) Grace loses the owner-occupant exemption because she used discriminatory advertising, even though the building qualifies

Under MGL Chapter 151B, the owner-occupant exemption is conditioned on the owner not making, printing, or publishing any discriminatory notice or advertisement. Even if Grace's duplex would otherwise qualify for the exemption (owner-occupied, two units, no broker), her use of a newspaper advertisement expressing a religious preference constitutes discriminatory advertising. This act independently violates Chapter 151B and eliminates the owner-occupant exemption.

Answer Options
A
Grace is fully exempt because she lives in the duplex and it has only two units
B
Grace loses the owner-occupant exemption because she used discriminatory advertising, even though the building qualifies
C
Grace is exempt because religious preference in a private home is protected by the First Amendment
D
Grace is liable only if she can be proven to have intentionally discriminated in her final selection

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Related Topics & Key Terms

Key Terms:

fair_housingexemptionsowner_occupantdiscriminatory_advertisingchapter_151Breligion

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