A property owner in Pennsylvania successfully defends against a PHRC housing discrimination complaint. The PHRC dismisses the case after investigation. The property owner wants to recover attorney's fees from the complainant. Under the PA Human Relations Act:
Correct Answer
C) Attorney's fees are typically not recoverable by a prevailing respondent in PHRC proceedings unless the complaint was frivolous
In fair housing cases, attorney's fees for prevailing respondents are generally only available when the complaint was frivolous, unreasonable, or without foundation. The goal is to not discourage legitimate discrimination complaints.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.
More Pa Fair Housing Human Relations Act Questions
A real estate agent in Pennsylvania is found by the PHRC to have engaged in steering based on race. In addition to PHRC remedies, the SREC considers disciplinary action. Under RELA, fair housing violations may result in which of the following SREC sanctions?
A landlord in Pennsylvania owns a duplex and lives in one unit. The landlord refuses to rent the other unit to a family because of their race. The landlord did not use a real estate agent or discriminatory advertising. Under fair housing law, is this landlord's action lawful?
Under the federal Fair Housing Act as applied in Pennsylvania, all of the following constitute prohibited discriminatory advertising EXCEPT:
A private, non-commercial religious organization in Pennsylvania owns a residential building and limits occupancy to members of its faith. The organization does not use a real estate broker and does not discriminate based on race. Under the PA Human Relations Act, is this practice lawful?
A landlord in Pennsylvania tells an applicant of Italian ancestry, 'We prefer tenants who are more American.' The applicant is denied the rental. Under the PA Human Relations Act, the landlord has violated protections based on which protected class?
- → A tenant in Pennsylvania wants to file a fair housing complaint but is unsure whether to file with the PHRC or pursue a private lawsuit. A key difference between the two approaches is:
- → A tenant in Pennsylvania files a housing discrimination complaint with both the PHRC and HUD simultaneously. Under the work-sharing agreement between these agencies, what typically happens?
- → Under the PA Human Relations Act, a person who has been the victim of housing discrimination may seek damages through which avenue(s)?
- → Under the PA Human Relations Act, the PHRC has jurisdiction over housing discrimination complaints filed in Pennsylvania. What is the PHRC's geographic jurisdiction?
- → Under the PA Human Relations Act, what role do local human relations commissions play in fair housing enforcement in Pennsylvania?
- → A person in Pennsylvania who has experienced housing discrimination but missed the 180-day PHRC filing deadline has which remaining option?
- → Under the PA Human Relations Act, the PHRC is designated as a 'substantially equivalent' agency by HUD. What does this designation mean?
- → Under the PA Human Relations Act, a real estate licensee who receives fair housing continuing education learns about 'testing.' What is fair housing testing?
- → If the PHRC and a respondent in a housing discrimination case reach a successful conciliation agreement, the agreement typically includes:
- → Under the PA Human Relations Act, the PHRC is composed of commissioners appointed by which official?
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