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Practice Of Real EstateFair HousingHARD

A South Dakota real estate licensee represents a seller whose property is located near the Pine Ridge Reservation. The licensee, aware that many prospective buyers are members of the Oglala Lakota tribe, subtly steers non-Native buyers toward the property and discourages Native American buyers by emphasizing neighborhood characteristics in a way that implies the area is 'changing.' A complaint is filed. Under South Dakota's Human Relations Act (SDCL Chapter 20-13), which combination of protected classes is MOST directly implicated by the licensee's conduct?

Correct Answer

B) Race and ancestry, because the licensee's steering was based on the buyers' racial identity as Native American and their tribal ancestry

The licensee's conduct constitutes illegal steering under the South Dakota Human Relations Act (SDCL Chapter 20-13). The most directly implicated protected classes are race and ancestry. Native American tribal identity is recognized as a racial classification under fair housing law, and tribal ancestry is separately protected under South Dakota's specific enumeration of 'ancestry' as a protected class. Steering buyers based on their Native American identity implicates both race and ancestry protections simultaneously, making this a dual-class violation under state law.

Answer Options
A
Sex and familial status, because the licensee's steering affected household composition decisions
B
Race and ancestry, because the licensee's steering was based on the buyers' racial identity as Native American and their tribal ancestry
C
Disability and religion, because tribal membership often correlates with specific religious and health practices
D
Color and creed, because the licensee used neighborhood descriptions as coded references to skin color and cultural beliefs

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Related Topics & Key Terms

Key Terms:

steeringraceancestrynative_americansdcl_20_13expert_trap

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