A private club in Tennessee owns a dormitory-style building and rents rooms exclusively to its members, all of whom share a particular religious faith. A non-member who practices a different religion applies to rent a room and is denied. The applicant files a complaint with the Tennessee Human Rights Commission alleging religious discrimination. Which statement most accurately describes the legal outcome under the Tennessee Human Rights Act?
Correct Answer
B) The club is exempt from the Tennessee Human Rights Act's housing provisions because it is a private club renting exclusively to its own members
The federal Fair Housing Act and state fair housing laws, including the Tennessee Human Rights Act, contain an exemption for private clubs that are not open to the general public and that provide lodging to their own members as an incident of membership. Because the club rents exclusively to its own members and is not open to the general public, it qualifies for the private club exemption. The denial of the non-member is based on membership status, not religion per se, and the club's membership criteria — though religion-based — fall within the private club exemption. This is a nuanced trap: the club is renting only to members, not to the public, which is the key factor.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
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