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Practice Of Real EstateFair_housingHARD

A Virginia real estate broker is found by the Virginia Fair Housing Board to have engaged in discriminatory housing practices. The aggrieved party also files a civil lawsuit and wins a judgment. The broker's licensed activities are then reviewed by the VREB, which imposes additional sanctions. Which of the following BEST characterizes the relationship between these three enforcement actions under Virginia law?

Correct Answer

D) Each of the three proceedings — Fair Housing Board, civil court, and VREB — operates independently, and a licensee may face consequences from all three for the same underlying conduct

Under Virginia law, the Virginia Fair Housing Board (Va. Code § 36-96.1 et seq.), the civil court system (Va. Code § 36-96.18), and the VREB (Va. Code § 54.1-2110 et seq.) each operate under separate statutory authority and serve distinct purposes. The Fair Housing Board addresses civil rights violations and provides remedies to aggrieved parties. Civil courts provide independent judicial remedies. The VREB enforces professional licensing standards. There is no statutory bar preventing all three from acting on the same underlying conduct, and a licensee may face consequences from each. Double jeopardy does not apply to civil and administrative proceedings.

Answer Options
A
The VREB must wait for both the Fair Housing Board and the civil court to conclude before initiating its own disciplinary proceedings
B
The civil court judgment supersedes both the Fair Housing Board's order and the VREB's sanctions, making the other two proceedings void
C
The three proceedings are mutually exclusive; once the Fair Housing Board acts, neither the courts nor the VREB may impose additional penalties
D
Each of the three proceedings — Fair Housing Board, civil court, and VREB — operates independently, and a licensee may face consequences from all three for the same underlying conduct

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Related Topics & Key Terms

Key Terms:

fair_housingenforcementdual_jurisdictionvreb_disciplinecivil_actionindependent_proceedings

Related Concepts

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

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