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Practice Of Real EstateFair_housingHARD

A Michigan real estate broker named Howard manages a large apartment complex. He implements a policy requiring all applicants to provide proof of legal marriage before being considered for tenancy, claiming it helps ensure stable household income. A same-sex couple who is legally married is denied because Howard does not recognize their marriage. They file a complaint with the Michigan Civil Rights Commission. Which of the following best describes the legal analysis under the Elliott-Larsen Civil Rights Act?

Correct Answer

B) Howard's policy violates Elliott-Larsen because it discriminates based on marital status by requiring marriage as a condition of tenancy, and the denial of the legally married couple compounds the violation.

Michigan's Elliott-Larsen Civil Rights Act (MCL 37.2502) prohibits discrimination based on marital status in housing. A policy that conditions tenancy on being married discriminates against unmarried individuals based on their marital status. Additionally, refusing to recognize a legally valid same-sex marriage while accepting opposite-sex marriages constitutes discrimination based on both marital status and sex. The Michigan Civil Rights Commission has jurisdiction to enforce these protections.

Answer Options
A
Howard's policy is lawful because requiring proof of marriage is a neutral financial screening criterion unrelated to a protected class.
B
Howard's policy violates Elliott-Larsen because it discriminates based on marital status by requiring marriage as a condition of tenancy, and the denial of the legally married couple compounds the violation.
C
Howard's policy is lawful because religious or moral objections to same-sex marriage are recognized exemptions under the Elliott-Larsen Civil Rights Act.
D
Howard's policy is only a federal violation under the Fair Housing Act and cannot be enforced by the Michigan Civil Rights Commission.

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Related Topics & Key Terms

Key Terms:

elliott_larsenmarital_statussame_sex_marriageenforcementdiscriminatory_policy

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