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Marcus, a licensed South Carolina real estate salesperson, is reviewing the enforcement procedures under South Carolina's state fair housing law administered by the South Carolina Human Affairs Commission. Which of the following is NOT a protected class under South Carolina's state fair housing statute mirroring the federal Fair Housing Act and its amendments?

Correct Answer

A) Sexual orientation or gender identity

South Carolina's state fair housing law under S.C. Code Ann. §§ 31-21-10 et seq. mirrors the federal Fair Housing Act of 1968 and its amendments, protecting seven classes: race, color, national origin, religion, sex, familial status, and disability. Sexual orientation and gender identity are NOT expressly enumerated as protected classes under South Carolina's state fair housing statute. While HUD has interpreted 'sex' under the federal FHA to include gender identity and sexual orientation in certain contexts, South Carolina's state statute does not independently codify these as separate protected classes, making option C the correct answer to this EXCEPT question.

Answer Options
A
Sexual orientation or gender identity
B
National origin, such as being born in another country
C
Familial status, such as households with children under 18
D
Disability, including physical and mental impairments

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Related Topics & Key Terms

Key Terms:

fair_housingprotected_classessc_human_affairs_commissionreverse_questionsexual_orientation_not_protected

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