What background knowledge is needed for this Practice Of Real Estate question?

Michigan's inclusion of marital status as a protected class in Elliott-Larsen was a forward-thinking legislative choice in 1976 that went beyond what federal fair housing law required at the time. The protection was designed to address the then-common practice of landlords refusing to rent to unmarried couples, single parents, or divorced individuals based on moral judgments about their lifestyle. The question of same-sex marriage recognition in housing became legally significant in Michigan following the U.S. Supreme Court's Obergefell v. Hodges decision in 2015, which required all states to recognize same-sex marriages, meaning a landlord who refuses to recognize a legally valid same-sex marriage is treating that couple differently from a legally married opposite-sex couple — a textbook violation of both marital status and sex discrimination protections.

What is a good way to remember the answer to this Practice Of Real Estate question?

Think of the phrase 'A License to Rent is Not a License to Judge' — Howard has a license to manage property but not a license to impose his personal moral standards about marriage on applicants. Visualize a scale of justice with a marriage certificate on one side and a rental application on the other: under Elliott-Larsen, the marriage certificate cannot be placed on the scale at all when evaluating a housing application, because marital status is a protected characteristic that must be kept off the scale entirely. This image reinforces that the protected class must be removed from the decision-making equation.

What exam tip applies to this Practice Of Real Estate question?

When a question presents a seemingly neutral policy that is applied in a discriminatory way, always analyze both the policy itself and its application separately — a policy can be independently unlawful even if applied consistently, and a neutral policy can become unlawful through discriminatory application. Look for answer choices that correctly identify multiple layers of violation, as the best answer on complex scenario questions often acknowledges more than one legal problem rather than reducing the situation to a single simple rule.

How does this Practice Of Real Estate concept apply in real world practice?

A same-sex couple in Ann Arbor, legally married in Michigan, applies to rent a two-bedroom apartment managed by Howard. Howard's written policy states that only married couples will be considered, but when the couple presents their marriage certificate, Howard tells them he does not personally recognize their marriage and denies their application. The couple files a complaint with the MCRC, which investigates and finds that Howard's policy violates Elliott-Larsen on two grounds: first, the blanket marriage requirement discriminates against all unmarried applicants based on marital status; second, Howard's selective non-recognition of the legally married same-sex couple constitutes sex discrimination by treating them differently than an opposite-sex married couple in identical circumstances.

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

C) 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

Howard's policy is lawful because requiring proof of marriage is a neutral financial screening criterion unrelated to a protected class.

Howard's policy is lawful because religious or moral objections to same-sex marriage are recognized exemptions under the Elliott-Larsen Civil Rights Act.

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.

Howard's policy is only a federal violation under the Fair Housing Act and cannot be enforced by the Michigan Civil Rights Commission.

Why This Is the Correct Answer

Why the Other Options Are Wrong

Deep Analysis of This Practice Of Real Estate Question

Background Knowledge for Practice Of Real Estate

Real World Application in Practice Of Real Estate

Common Mistakes to Avoid on Practice Of Real Estate Questions

Related Concepts

Group Boycott

A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.

Independent Contractor vs Employee

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

License Renewal Requirements

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

Was this explanation helpful?

People Also Study

Buyer Representation Agreement

8% of exam

Property Ownership

10% of exam

Land Use Controls and Regulations

8% of exam

Valuation and Market Analysis

10% of exam

Property Flyer Generator — 2026 Guide for U.S. Agents: Step-by-Step + Best Practices

Learn how Property Flyer Generator works and how U.S. real estate agents use it in 2026. Includes setup steps, practical examples, and best-practice tips.

Why Real Estate Exam Notes Stop Helping Once You Avoid Mixed Practice

A topic that feels clear in notes can still fail in practice if recall has not caught up with recognition. If you are searching for real estate exam notes...

Real Estate Exam Practice Questions by Topic (2026): Free Sets for Contracts, Agency, Financing

Get topic-based real estate exam practice sets and a simple sequence to move from learning to timed mocks.

Practice Of Real Estate Questions

Why This Is the Correct Answer

Why the Other Options Are Wrong

Deep Analysis of This Practice Of Real Estate Question

Background Knowledge for Practice Of Real Estate

Real World Application in Practice Of Real Estate

Common Mistakes to Avoid on Practice Of Real Estate Questions

Related Topics & Key Terms

Related Concepts

More Practice Of Real Estate Questions

People Also Study

Related Articles

Practice More Questions