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Practice Of Real EstateFair HousingMEDIUM

James files a fair housing complaint with the Tennessee Human Rights Commission against a landlord who allegedly refused to rent to him based on his religion. The THRC investigates and finds no probable cause to support the complaint. James disagrees with this outcome. Which of the following options is available to James under Tennessee law?

Correct Answer

D) James may file a civil lawsuit in Tennessee state court regardless of the THRC's finding.

Under the Tennessee Human Rights Act, Tenn. Code Ann. § 4-21-311, a complainant is not bound by the THRC's administrative finding and retains the right to file a civil lawsuit in Tennessee state court to seek judicial review and relief. The administrative complaint process with the THRC is one avenue, but it does not foreclose the complainant's right to pursue a private civil action. This dual-track system ensures that individuals have meaningful access to justice even when the administrative agency finds no probable cause.

Answer Options
A
James may request that TREC reopen the investigation and issue a new determination.
B
James must accept the THRC's finding as final and has no further legal recourse.
C
James may appeal the no-probable-cause determination to the Tennessee Real Estate Commission.
D
James may file a civil lawsuit in Tennessee state court regardless of the THRC's finding.

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Related Topics & Key Terms

Key Terms:

civil_lawsuitno_probable_causethrc_appealprivate_right_of_actionreligion

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