A housing discrimination case results in a $40,000 damage award to the complainant and a $25,000 civil penalty to the state. The respondent argues that this constitutes double jeopardy under the Fifth Amendment. How would New York law address this constitutional challenge?
Correct Answer
D) The challenge fails because these are civil, not criminal penalties
Double jeopardy protections apply only to criminal prosecutions. Civil penalties and damages under New York Human Rights Law are remedial and compensatory in nature, not criminal punishment, so double jeopardy does not apply.
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Related Topics & Key Terms
Key Terms:
Related Concepts
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
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.
More Fair Housing Ny Human Rights Law Questions
A New York fair-housing instructor asks which answer identifies categories protected by New York law that are not both enumerated federal Fair Housing Act classes. Which group best illustrates New York’s broader coverage?
A property management company in New York City systematically charges higher security deposits to applicants with military status. This practice affects 15 prospective tenants over two years. Under New York Human Rights Law, what is the statute of limitations for filing complaints with the Division of Human Rights?
A New York applicant reports that a leasing agent treated the applicant differently because of whom the applicant is attracted to. Which listed protected basis most directly describes that allegation?
During a New York fair-housing intake, a renter says a landlord made a decision based on the renter’s sexual orientation. Which option names the protected basis at issue?
A New York renter uses lawful government housing assistance and is told that this payment source will not be accepted. Which description of protected source of income applies under New York law?
- → Which listed category is already expressly protected by the federal Fair Housing Act, rather than representing an additional New York Human Rights Law protection?
- → A complainant receives an adverse decision from the New York State Division of Human Rights dismissing their housing discrimination complaint. How long does the complainant have to file an appeal to the Appellate Division?
- → Under New York Human Rights Law, which entity is primarily responsible for investigating housing discrimination complaints?
- → Under New York Human Rights Law, which of the following is considered a protected class that extends beyond federal Fair Housing Act protections?
- → Under New York Human Rights Law, military status as a protected class includes which of the following?
- → A landlord in Westchester County advertises 'No Social Security recipients' in a rental listing. This violates New York Human Rights Law based on which protected class?
- → James, a 22-year-old college graduate, applies for an apartment in Manhattan. The landlord says the building prefers 'more mature tenants' and suggests he look elsewhere. Under New York Human Rights Law, what protection does James have?
- → Under New York Human Rights Law, which definition best describes the protected class of 'source of income'?
- → A landlord in New York City refuses to rent an apartment to Maria, a single mother who receives Section 8 housing vouchers, stating that the property does not accept government assistance. Under New York Human Rights Law, what violation has occurred?
- → A real estate agent in Binghamton is asked by a seller to market their property with a preference for 'traditional married couples' rather than single buyers. How should the agent respond under New York Human Rights Law?
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