A Nevada property manager refuses to rent an apartment to an applicant because the applicant receives Social Security disability payments as his primary source of income. The property manager claims she is not discriminating against a federally protected class. Which of the following best describes the legal situation under federal and Nevada law?
Correct Answer
D) The property manager is correct that source of income is not a federal protected class, but she may still violate Nevada state fair housing law if the refusal is linked to the applicant's disability.
Source of income is NOT one of the seven federally protected classes under the Fair Housing Act. However, if the refusal to rent is linked to the applicant's disability (i.e., he receives disability payments because of a disability), the refusal may constitute disability discrimination, which IS a federally protected class. Additionally, Nevada's fair housing law (NRS Chapter 118) provides broader protections, and refusing to rent because someone receives disability-related income could be construed as disability discrimination under both federal and state law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
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