A Pennsylvania real estate broker discovers that one of his sales agents has been making discriminatory comments to prospective tenants. The broker addresses the issue by verbally warning the agent but takes no other action. Six months later, another complaint is filed. Under the PA Human Relations Act and RELA, the broker's liability is MOST likely:
Correct Answer
C) Increased, because the broker had knowledge of discriminatory conduct and failed to take adequate corrective action
A broker who has knowledge of an agent's discriminatory conduct has a heightened duty to take effective corrective action. A verbal warning alone is likely insufficient. The broker's liability increases when they knew of the problem, took inadequate action, and the behavior continued.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
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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