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Practice Of Real EstateFair HousingMEDIUM

A property owner in Dover, NH has a single-family home that she rents out. She personally selects tenants without using a real estate agent. She refuses to rent to a gay applicant, stating personal religious objections. Under NH law, which of the following is most accurate?

Correct Answer

D) The owner's conduct violates RSA 354-A because sexual orientation is a protected class in NH

RSA 354-A prohibits housing discrimination based on sexual orientation in New Hampshire. While the federal Fair Housing Act includes a limited exemption for individual owners renting single-family homes without a broker ('Mrs. Murphy exemption'), NH state law under RSA 354-A has its own exemption provisions that are narrower. The owner's refusal based on the applicant's sexual orientation violates RSA 354-A.

Answer Options
A
The owner is exempt from RSA 354-A because she is renting a single-family home without a broker
B
The owner is only subject to federal fair housing law, not NH state law, for single-family rentals
C
The owner may legally refuse based on religious beliefs, which are also protected under RSA 354-A
D
The owner's conduct violates RSA 354-A because sexual orientation is a protected class in NH

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Related Topics & Key Terms

Key Terms:

state_protected_classessexual_orientationrsa_354_aexemptions

Related Concepts

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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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