A buyer's agent is preparing her client for a co-op board interview. During the interview, a board member asks the buyer about his religious practices. What is the agent's obligation regarding this type of question?
Correct Answer
A) Advise the client that questions about religion are prohibited under fair housing law and that he may decline to answer
Under the federal Fair Housing Act and the New York State Human Rights Law (Executive Law § 296), religion is a protected characteristic, and it is unlawful to discriminate in the sale or rental of housing on that basis. A buyer's agent has a fiduciary duty to prepare her client for foreseeable risks, which includes informing him that questions about religion during a co-op board interview are prohibited. The agent should advise the client that he has the right to decline to answer such questions and to redirect the conversation to permissible topics such as financial qualifications and building rules.
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