A Nebraska real estate broker, Sandra, receives two rental applications for a vacant unit. Applicant 1 is a single woman who is six months pregnant. Applicant 2 is a married couple with no children. Sandra's client, the landlord, tells her to select Applicant 2 because 'a baby will cause too much wear and tear.' Under the federal Fair Housing Act, which protected class is implicated by the landlord's instruction?
Correct Answer
A) Familial status, because the protection covers pregnant women
Under the federal Fair Housing Act, 'familial status' is defined to include any person who is pregnant (42 U.S.C. § 3602(k)). Refusing to rent to a pregnant woman because of anticipated wear and tear from a future child is discrimination based on familial status. Sandra must refuse to follow the landlord's instruction, as complying would expose both her and the landlord to fair housing liability.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
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.
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