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Practice Of Real EstateFair HousingMEDIUM

A property management company in Missoula, Montana has a written policy that gives rental preference to applicants who are currently married, on the grounds that married couples tend to be more stable tenants. A single applicant is denied a unit solely because of this policy. Which of the following best describes the legal status of this policy under Montana law?

Correct Answer

D) The policy is unlawful because it violates the Montana Human Rights Act's prohibition on marital status discrimination

The Montana Human Rights Act (MCA Title 49, Chapter 2) explicitly prohibits discrimination in housing based on marital status. A policy that gives rental preference to married applicants and denies housing to single applicants constitutes direct discrimination on the basis of marital status, which is illegal under Montana state law regardless of the landlord's stated rationale.

Answer Options
A
The policy is lawful because marital status is not a protected class under the federal Fair Housing Act
B
The policy is unlawful because it violates the Montana Residential Landlord and Tenant Act's security deposit provisions
C
The policy is lawful because property managers may set reasonable tenant qualification standards
D
The policy is unlawful because it violates the Montana Human Rights Act's prohibition on marital status discrimination

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Related Topics & Key Terms

Key Terms:

marital_statusproperty_managementstate_protected_classesmontana_human_rights_act

Related Concepts

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