James, a qualifying broker in Las Cruces, receives a rental application from Carlos, who is of Mexican ancestry. James tells Carlos the unit has been rented, but the unit remains available and James rents it the following week to a non-Hispanic applicant. Under New Mexico law, which protected class has most likely been violated in this scenario?
Correct Answer
A) Ancestry under the New Mexico Human Rights Act
The New Mexico Human Rights Act (NMSA 1978, Chapter 28, Article 1) includes ancestry as a state-specific protected class. Discriminating against Carlos based on his Mexican ancestry violates this provision. While national origin is also a federal protected class, the scenario specifically tests the state-level protected class of ancestry, which is distinct from and broader than national origin and is unique to New Mexico law.
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Related Topics & Key Terms
Key Terms:
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FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
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