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Practice Of Real EstateFair_housingHARD

James, a licensed salesperson in Virginia, is working with a buyer who is a non-binary individual. The seller's agent, upon learning this, tells James that the seller is 'not comfortable' with the sale and wants to back out solely for this reason. James advises his buyer that the seller may have violated Virginia's Fair Housing Law. Which Virginia-specific protected class is most directly implicated, and which agency would have primary jurisdiction over the complaint?

Correct Answer

D) Gender identity; the Virginia Fair Housing Board under DPOR has primary jurisdiction

Virginia Fair Housing Law (Va. Code § 36-96.1 et seq.) explicitly protects gender identity as a distinct protected class. A non-binary individual is protected under this class. The primary state-level enforcement agency for Virginia's Fair Housing Law is the Virginia Fair Housing Board, which operates under the Department of Professional and Occupational Regulation (DPOR). This is a Virginia-specific class enforced by a Virginia-specific agency, making B the most accurate and complete answer.

Answer Options
A
Sex; HUD has primary jurisdiction because sex is a federally protected class
B
Sexual orientation; the Virginia Real Estate Board (VREB) has primary jurisdiction
C
Gender identity; the Virginia Attorney General has primary jurisdiction
D
Gender identity; the Virginia Fair Housing Board under DPOR has primary jurisdiction

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Related Topics & Key Terms

Key Terms:

fair_housinggender_identitynon_binaryenforcement_agencydporstate_specificexpert_trap

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