Tom, a 72-year-old retired teacher, applies to rent an apartment in Helena, Montana. The landlord tells Tom that she does not rent to retirees because they tend to have fixed incomes and she worries about their ability to pay rent long-term. Tom has an excellent credit score and sufficient retirement income to qualify under the landlord's stated financial criteria. Under Montana law, which of the following statements is most accurate?
Correct Answer
B) The landlord's decision is unlawful because it constitutes age discrimination under the Montana Human Rights Act
The Montana Human Rights Act (MCA Title 49, Chapter 2) prohibits discrimination in housing based on age. Although the landlord frames her concern as financial, she explicitly refused to rent to Tom because he is a retiree — a classification directly tied to age. Since Tom meets the landlord's own financial criteria, the stated financial concern is pretextual, and the refusal constitutes age discrimination under Montana state law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.
Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
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