A NH condominium association adopts a rule prohibiting any unit owner from having an unmarried domestic partner reside in their unit. A unit owner challenges this rule under RSA 354-A. The association argues the rule applies equally to all unmarried residents and therefore is not discriminatory. Which of the following is the most accurate legal analysis?
Correct Answer
D) The rule violates RSA 354-A because it discriminates based on marital status by treating unmarried partners differently from married spouses
RSA 354-A prohibits discrimination in housing based on marital status. A condominium rule that prohibits unmarried domestic partners from residing in a unit while permitting married spouses to do so treats individuals differently based on their marital status. The fact that the rule applies to all unit owners does not cure the discriminatory effect, because it specifically burdens those who are unmarried — a protected class under RSA 354-A.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.
Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.
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