A complainant has filed a housing discrimination complaint with the New Hampshire Commission for Human Rights alleging a violation of RSA 354-A. Which of the following is NOT a remedy that the Commission for Human Rights is authorized to award upon finding a violation?
Correct Answer
B) A civil penalty payable to the state to punish the respondent for the discriminatory act
Under RSA 354-A:21, the New Hampshire Commission for Human Rights is authorized to order remedies including cease-and-desist orders, actual damages (including emotional distress), and attorney's fees and costs. However, the Commission does NOT have statutory authority to impose punitive civil penalties payable to the state. Civil penalties of that nature are a feature of enforcement actions brought in Superior Court or through HUD, not through the Commission's administrative process. This is a common point of confusion because candidates assume administrative agencies have broad punitive authority.
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Related Topics & Key Terms
Key Terms:
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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