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Practice Of Real EstateFair HousingHARD

A widow in Harford County owns a single-family home and wants to rent a room within her personal residence to a boarder. She places a handwritten notice on a community bulletin board stating she prefers a female roommate. A male applicant is denied and files a complaint. Under the Maryland Fair Housing Act, which analysis is most accurate?

Correct Answer

B) The widow may not be subject to the Fair Housing Act for roommate selection within her own residence, but the bulletin board notice could constitute discriminatory advertising under Maryland law.

This question involves two distinct legal issues. First, courts (including the Ninth Circuit in Fair Housing Council v. Roommate.com) have recognized that the Fair Housing Act may not apply to roommate selection within a shared personal residence because of privacy and intimate association concerns — selecting a roommate is fundamentally different from renting a separate dwelling unit. However, second, even if the underlying selection might be permissible, the public notice expressing a sex preference could constitute discriminatory advertising under Maryland fair housing law, which prohibits publishing any notice or advertisement indicating a preference based on a protected class. The notice on the bulletin board is the legally problematic element.

Answer Options
A
The widow is in violation because sex is a protected class under Maryland law and no exemption applies to roommate selection.
B
The widow may not be subject to the Fair Housing Act for roommate selection within her own residence, but the bulletin board notice could constitute discriminatory advertising under Maryland law.
C
The widow is fully exempt because the federal Mrs. Murphy exemption covers all owner-occupied single-family homes regardless of advertising method.
D
The widow is exempt because single-family homes rented by individual owners are entirely excluded from Maryland fair housing law.

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Related Topics & Key Terms

Key Terms:

fair_housingexemptionsdiscriminatory_advertisingroommateowner_occupiedmaryland_specific

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