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Practice Of Real EstateFair HousingHARD

A Tennessee real estate broker is found guilty of a fair housing violation by the Tennessee Human Rights Commission after a formal hearing. The THRC issues an order requiring the broker to pay compensatory damages to the complainant and to complete fair housing training. The broker refuses to comply with the THRC order. What is the most likely next step in the enforcement process under Tennessee law?

Correct Answer

B) The THRC can seek enforcement of its order through the Tennessee courts, which can hold the broker in contempt.

Under the Tennessee Human Rights Act, Tenn. Code Ann. § 4-21-307, if a respondent fails to comply with a THRC order, the Commission may petition the appropriate Tennessee court to enforce the order. The court can then hold the non-compliant party in contempt and impose judicial sanctions. This court-enforcement mechanism ensures that THRC orders are not merely advisory but carry the force of law when backed by judicial enforcement power.

Answer Options
A
The THRC can immediately imprison the broker for contempt without further judicial proceedings.
B
The THRC can seek enforcement of its order through the Tennessee courts, which can hold the broker in contempt.
C
The THRC's enforcement authority ends once the broker refuses, and the complainant must start over in federal court.
D
TREC automatically revokes the broker's license upon notification of the THRC's unenforced order.

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Related Topics & Key Terms

Key Terms:

thrc_enforcementcourt_enforcementcontemptorder_complianceformal_hearing

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