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Practice Of Real EstateFair_housingHARD

Sandra, a property manager, refuses to rent to a prospective tenant who discloses that she is transgender. The prospective tenant files a complaint with the Virginia Fair Housing Board. Which Virginia-specific protected class applies, and how does this differ from federal law?

Correct Answer

D) Gender identity is the applicable Virginia class; federal law does not explicitly list gender identity in the Fair Housing Act's text, making this a Virginia-specific protection

Virginia's Fair Housing Law (Va. Code § 36-96.1 et seq.) explicitly includes 'gender identity' as a protected class. The text of the federal Fair Housing Act does not explicitly enumerate gender identity as a protected class, though HUD and some courts have interpreted 'sex' to include gender identity. Virginia's explicit statutory inclusion of gender identity makes it a distinctly Virginia protection that exam candidates must know. Sandra's refusal based on the tenant's transgender status is a violation of Virginia's Fair Housing Law.

Answer Options
A
Sexual orientation is the applicable class; Virginia and federal law both explicitly protect sexual orientation in housing
B
Sex is the applicable class; federal law also explicitly protects gender identity under the Fair Housing Act
C
Disability is the applicable class because gender dysphoria is classified as a medical condition under federal law
D
Gender identity is the applicable Virginia class; federal law does not explicitly list gender identity in the Fair Housing Act's text, making this a Virginia-specific protection

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Related Topics & Key Terms

Key Terms:

fair_housinggender_identityvirginia_protected_classesfederal_vs_state

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