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Practice Of Real EstateFair_housingHARD

Patricia, a licensed broker in Virginia, receives a complaint from a buyer who claims she was denied the opportunity to view a home because the listing agent discovered she is a lesbian. The listing agent argues that sexual orientation is not a protected class under the federal Fair Housing Act, so no law was violated. Which of the following is the most accurate legal assessment under Virginia law?

Correct Answer

A) The agent has violated Virginia's Fair Housing Law, which independently protects sexual orientation regardless of federal law

Virginia Fair Housing Law (Va. Code § 36-96.1 et seq.) explicitly protects sexual orientation as a state-level protected class. Virginia's law operates independently of the federal Fair Housing Act. Even if federal law does not explicitly enumerate sexual orientation, Virginia law clearly prohibits this discrimination. The listing agent's argument that federal law controls is incorrect — state law can and does provide broader protections than federal law.

Answer Options
A
The agent has violated Virginia's Fair Housing Law, which independently protects sexual orientation regardless of federal law
B
The agent has violated federal law only, because HUD regulations supersede state fair housing laws
C
The agent is correct; because federal law does not protect sexual orientation, no violation occurred
D
No violation occurred because the agent's conduct was limited to declining to show a property, not refusing to sell

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Related Topics & Key Terms

Key Terms:

fair_housingsexual_orientationstate_vs_federalbroker_responsibilitydiscrimination

Related Concepts

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.

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