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Practice Of Real EstateFair HousingMEDIUM

A property management company in Nashua, NH posts a rental advertisement stating 'No applicants over age 55 preferred.' A 62-year-old applicant is denied the apartment and files a complaint. Which of the following best describes the legal situation under NH law?

Correct Answer

A) The advertisement violates RSA 354-A because age (18 and over) is a protected class in NH housing

RSA 354-A protects individuals aged 18 and older from age-based housing discrimination in New Hampshire. The advertisement explicitly discriminating against applicants over age 55 violates this state law. The 62-year-old applicant has a valid claim under NH's Law Against Discrimination.

Answer Options
A
The advertisement violates RSA 354-A because age (18 and over) is a protected class in NH housing
B
The advertisement is lawful because federal law only protects against age discrimination in employment, not housing
C
The applicant has no claim because NH law only prohibits age discrimination against persons under 40
D
The advertisement is permissible if the property qualifies as housing for older persons under the federal Housing for Older Persons Act

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Related Topics & Key Terms

Key Terms:

state_protected_classesage_discriminationrsa_354_arental_advertising

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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