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Practice Of Real EstateFair HousingHARD

James, a licensed broker in South Dakota, receives a complaint that he refused to show a property to a prospective buyer because of the buyer's disability. The buyer files complaints with both the South Dakota Division of Human Rights under SDCL Chapter 20-13 AND with HUD under the federal Fair Housing Act. Which of the following statements accurately describes the relationship between these two proceedings?

Correct Answer

C) The state and federal proceedings may proceed concurrently, and a resolution in one forum does not automatically bar the other from continuing its investigation.

Under South Dakota law and federal fair housing law, a complainant may file with both the South Dakota Division of Human Rights and HUD simultaneously. The state and federal proceedings are separate and may proceed concurrently. A resolution or finding in one forum does not automatically bar the other from continuing, though certain election-of-remedies provisions may apply in specific circumstances. Licensees must understand that they can face liability under both state and federal law for the same discriminatory act.

Answer Options
A
The buyer must choose one forum and cannot pursue both state and federal remedies simultaneously for the same complaint.
B
A finding of no violation at the state level automatically closes the federal HUD complaint without further investigation.
C
The state and federal proceedings may proceed concurrently, and a resolution in one forum does not automatically bar the other from continuing its investigation.
D
Because James holds a South Dakota license, only the SDREC has jurisdiction over the complaint, and both the Division of Human Rights and HUD must defer to SDREC.

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Related Topics & Key Terms

Key Terms:

dual_jurisdictionhuddivision_of_human_rightsdisabilityenforcement

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