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A property owner in St. Cloud owns a single-family home and personally selects a tenant without using a real estate licensee or any advertising. She refuses to rent to a person because of the person's race. Under the Minnesota Human Rights Act, which statement is most accurate regarding this owner's liability?

Correct Answer

C) The owner is subject to the Minnesota Human Rights Act, which does not contain the same private individual exemption as the federal Fair Housing Act.

The federal Fair Housing Act includes a limited exemption for private individual owners of single-family homes who sell or rent without using a broker and without discriminatory advertising (the 'Mrs. Murphy' exemption). However, the Minnesota Human Rights Act (Minn. Stat. Ch. 363A) does not contain the same broad private individual exemption. Minnesota's law applies more broadly, and a private owner who refuses to rent based on race — a protected class under both federal and Minnesota law — is subject to liability under the Minnesota Human Rights Act regardless of whether a broker was used.

Answer Options
A
The owner is exempt from the Minnesota Human Rights Act because she is a private owner renting a single-family home without a broker.
B
The owner is exempt only if she owns fewer than three single-family homes and uses no discriminatory advertising.
C
The owner is subject to the Minnesota Human Rights Act, which does not contain the same private individual exemption as the federal Fair Housing Act.
D
The owner is subject to federal Fair Housing Act liability but not Minnesota Human Rights Act liability for this transaction.

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Related Topics & Key Terms

Key Terms:

minnesota_human_rights_actprivate_owner_exemptionracefair_housingstate_vs_federal

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