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Practice Of Real EstateFair HousingMEDIUM

A Tennessee real estate firm is reviewing its fair housing compliance policies. Under the Tennessee Human Rights Act, all of the following practices are prohibited forms of housing discrimination EXCEPT:

Correct Answer

A) Declining to rent to an applicant who fails a uniformly applied criminal background check

Declining to rent to an applicant who fails a uniformly applied, non-discriminatory criminal background check is NOT prohibited by the Tennessee Human Rights Act or the federal Fair Housing Act. Criminal history is not a protected class under Tennessee state law or federal fair housing law. As long as the criminal background screening policy is applied consistently to all applicants regardless of protected class status, it is a lawful tenant screening criterion. (Note: HUD guidance cautions against blanket bans on those with criminal records due to potential disparate impact, but a uniformly applied policy based on specific criminal conduct is generally permissible.)

Answer Options
A
Declining to rent to an applicant who fails a uniformly applied criminal background check
B
Publishing an advertisement that expresses a preference for buyers without children
C
Refusing to show a home to a buyer because of the buyer's national origin
D
Charging a higher security deposit to a tenant because of the tenant's disability

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Related Topics & Key Terms

Key Terms:

protected_classescriminal_backgroundfair_housingprohibited_practicesreverse_questiontennessee_human_rights_act

Related Concepts

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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