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Practice Of Real EstateFair HousingHARD

A Maryland condominium association in Prince George's County has a rule prohibiting residents from subletting their units to anyone receiving government rental assistance. A unit owner who is also a licensed real estate agent wants to rent her unit to a tenant who holds a Housing Choice Voucher. The association enforces its no-subletting-to-voucher-holders rule and threatens to fine the owner. The owner files a fair housing complaint. Which of the following best describes the legal analysis under the Maryland Fair Housing Act?

Correct Answer

A) The association's rule likely violates the Maryland Fair Housing Act because source of income is a protected class and the rule discriminates against voucher holders

Source of income is a protected class under the Maryland Fair Housing Act (Md. Code Ann., State Gov't § 20-702). A condominium association rule that prohibits subletting to Housing Choice Voucher holders discriminates based on source of income. Condominium associations are not exempt from the Maryland Fair Housing Act, and the association's enforcement of such a rule would likely constitute illegal discrimination under Maryland law.

Answer Options
A
The association's rule likely violates the Maryland Fair Housing Act because source of income is a protected class and the rule discriminates against voucher holders
B
The rule is permissible because the federal Fair Housing Act does not protect source of income, and federal law preempts Maryland's source of income protection
C
The owner has no claim because she is a licensee and real estate professionals are held to a different standard under fair housing law
D
The association's rule is enforceable because condominium associations are exempt from the Maryland Fair Housing Act

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Related Topics & Key Terms

Key Terms:

source_of_incomecondominium_associationhousing_voucherpreemptionmaryland_fair_housing_actexpert_trap

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