A Nebraska property manager, Diane, manages a 12-unit apartment complex. A prospective tenant, Mr. Johansson, discloses that he has a history of schizophrenia but is currently stable on medication and has never caused any incidents. Diane denies his application, stating that his history of mental illness makes him a risk to other tenants. Under the federal Fair Housing Act, which of the following best describes Diane's conduct?
Correct Answer
D) Diane's denial is unlawful because disability protection covers persons with a record of a mental impairment.
Under the federal Fair Housing Act (42 U.S.C. § 3602(h)), the definition of 'handicap' (disability) includes not only persons who currently have a physical or mental impairment that substantially limits a major life activity, but also persons who have 'a record of such an impairment.' Mr. Johansson's history of schizophrenia, even though he is currently stable, means he has a record of a mental impairment. Denying his application based on that history is unlawful disability discrimination.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
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.
More Practice Of Real Estate Questions
In Wyoming real estate practice, an associate broker or salesperson is not associated with a responsible broker at renewal. What should the licensee remember?
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A Wyoming licensee is reviewing an out-of-state salesperson applicant prepares for testing. What is the best answer?
In Wyoming real estate practice, a salesperson applicant age is reviewed. What should the licensee remember?
A responsible broker in Wyoming asks about a nonresident applicant provides home-state evidence. Which answer follows Wyoming law?
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