A real estate agent in New York City is subject to both a Division of Human Rights order and a Department of State license disciplinary action for the same discriminatory conduct. The agent argues this constitutes double jeopardy. How would a court likely rule?
Correct Answer
A) No double jeopardy; civil and administrative actions are separate
Double jeopardy protections apply only to criminal prosecutions. Civil rights enforcement by the Division of Human Rights and administrative license discipline by DOS are separate civil/administrative proceedings that can proceed simultaneously without constitutional violation.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
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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