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Practice Of Real EstateFair HousingHARD

A NH landlord has a blanket policy of refusing to rent to any applicant under age 30, claiming younger tenants cause more property damage. A 24-year-old applicant is denied and consults an attorney. The landlord argues that NH's age protection only applies to discrimination against older persons. Which of the following is the most accurate legal analysis under RSA 354-A?

Correct Answer

B) The landlord's policy violates RSA 354-A because the age protection applies to all persons aged 18 and older, regardless of whether they are younger or older

RSA 354-A protects all persons aged 18 and older from age-based housing discrimination in New Hampshire. This protection is not directional — it applies equally to discrimination against younger adults and older adults. The landlord's blanket policy of refusing applicants under age 30 discriminates against the 24-year-old based on age, violating RSA 354-A. The landlord's argument that the protection only applies to older persons is legally incorrect.

Answer Options
A
The landlord is correct because RSA 354-A's age protection is modeled after the ADEA, which only protects workers 40 and older
B
The landlord's policy violates RSA 354-A because the age protection applies to all persons aged 18 and older, regardless of whether they are younger or older
C
The landlord's policy is lawful because statistical evidence of damage by younger tenants constitutes a legitimate business justification
D
The landlord is exempt because the policy applies uniformly to all applicants under 30 and does not single out any specific age group

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Related Topics & Key Terms

Key Terms:

state_protected_classesage_discriminationrsa_354_aexpert_trapyounger_tenants

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