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Practice Of Real EstateFair_housingHARD

A complainant files a fair housing charge with both the Minnesota Department of Human Rights and HUD simultaneously, alleging discrimination based on marital status. HUD investigates but closes the case, stating marital status is not a protected class under the federal Fair Housing Act. The MDHR continues its investigation. Which of the following best explains why the MDHR can proceed despite HUD's closure?

Correct Answer

A) The MDHR can proceed because Minnesota law provides broader protections than federal law, and marital status is independently protected under Minn. Stat. Ch. 363A

Minnesota's Human Rights Act (Minn. Stat. Ch. 363A) independently protects marital status as a protected class in housing, regardless of whether federal law provides the same protection. Federal fair housing law sets a floor, not a ceiling — states may enact broader protections. HUD's closure based on federal law does not preempt or bar the MDHR from enforcing Minnesota's independent state law protections. The MDHR has full authority to investigate and adjudicate claims based on Minnesota-specific protected classes.

Answer Options
A
The MDHR can proceed because Minnesota law provides broader protections than federal law, and marital status is independently protected under Minn. Stat. Ch. 363A
B
The MDHR can proceed only if the complainant also alleges a federally protected class in the same complaint
C
The MDHR cannot proceed independently once HUD has closed the case, as federal law preempts state action
D
The MDHR can proceed only with approval from the U.S. Department of Justice Civil Rights Division

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Related Topics & Key Terms

Key Terms:

marital_statusstate_preemptionmdhr_jurisdictionbroader_state_protectionsdual_filing

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