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Practice Of Real EstateFair HousingMEDIUM

David files a fair housing complaint with the Tennessee Human Rights Commission alleging that a property manager refused to rent to him because of his disability. After investigating, the THRC finds probable cause to support David's complaint. Which of the following best describes what happens next under Tennessee's enforcement process?

Correct Answer

D) The THRC attempts conciliation between the parties, and if unsuccessful, the case proceeds to a formal hearing.

Under the Tennessee Human Rights Act, Tenn. Code Ann. § 4-21-303 et seq., after the THRC finds probable cause, it must attempt to eliminate the discriminatory practice through conciliation (a negotiated resolution). If conciliation efforts fail, the matter proceeds to a formal administrative hearing before the Commission or a designated hearing officer. This two-step process of conciliation followed by formal hearing mirrors the federal process and is the standard Tennessee enforcement pathway.

Answer Options
A
The case is automatically referred to federal court for a jury trial at the THRC's discretion.
B
The THRC must immediately impose a fine on the respondent without further proceedings.
C
The complainant must refile the complaint with HUD before any further state action can be taken.
D
The THRC attempts conciliation between the parties, and if unsuccessful, the case proceeds to a formal hearing.

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Related Topics & Key Terms

Key Terms:

thrc_processprobable_causeconciliationformal_hearingdisability

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