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Practice Of Real EstateFair_housingHARD

A landlord in Oklahoma City owns a duplex and lives in one unit while renting the other. He refuses to rent the vacant unit to a prospective tenant because the tenant is African American. The landlord does not use a real estate licensee and does not advertise publicly — he relies solely on word of mouth. The tenant files a complaint with the Oklahoma Human Rights Commission. Which of the following most accurately describes the landlord's legal exposure?

Correct Answer

D) The landlord is not exempt because race discrimination is never protected by any exemption under the Oklahoma Fair Housing Act or federal fair housing law

Race is one of the protected classes for which there is absolutely no exemption under the Oklahoma Fair Housing Act (Title 25 O.S. §§ 1451-1466) or the federal Fair Housing Act. While the 'Mrs. Murphy' exemption exists for owner-occupants of small buildings (fewer than five units) who do not use a broker and do not use discriminatory advertising, this exemption explicitly does NOT apply to race, color, religion, or national origin. The landlord's refusal based on race is a violation regardless of his owner-occupant status or method of advertising.

Answer Options
A
The landlord is fully exempt under the 'Mrs. Murphy' exemption because he is an owner-occupant of a building with fewer than five units
B
The landlord is exempt from the Oklahoma Fair Housing Act but may still be liable under federal law
C
The landlord is exempt because he did not use a licensee and did not advertise publicly, satisfying all conditions for the owner-occupant exemption
D
The landlord is not exempt because race discrimination is never protected by any exemption under the Oklahoma Fair Housing Act or federal fair housing law

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Related Topics & Key Terms

Key Terms:

fair_housingracemrs_murphy_exemptionowner_occupantno_exemption

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