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Practice Of Real EstateFair_housingHARD

A licensed broker named Patricia is representing a landlord who owns a small four-unit apartment building in Yakima. A prospective tenant, Sam, discloses during the application process that he is bisexual. The landlord tells Patricia to deny Sam's application. Patricia knows that Sam is otherwise highly qualified. Patricia denies Sam's application as instructed. Which of the following best describes the consequences Patricia may face?

Correct Answer

B) Patricia may face discipline from the DOL under RCW 18.85 and civil liability under RCW 49.60 for carrying out a discriminatory instruction.

Patricia may face both DOL disciplinary action under RCW 18.85 (for engaging in discriminatory conduct as a licensee) and civil liability under RCW 49.60 (for carrying out an instruction that violates Washington's Law Against Discrimination). Sexual orientation is a protected class under RCW 49.60, and a broker who participates in discrimination — even under client instruction — is personally liable. The fact that she was 'following instructions' is not a defense.

Answer Options
A
Patricia faces no consequences because she was following her client's lawful instructions as the landlord's agent.
B
Patricia may face discipline from the DOL under RCW 18.85 and civil liability under RCW 49.60 for carrying out a discriminatory instruction.
C
Patricia faces consequences only if Sam files a complaint with the federal Department of Housing and Urban Development (HUD).
D
Patricia faces consequences only under federal law, since small landlords with fewer than five units are exempt from RCW 49.60.

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Related Topics & Key Terms

Key Terms:

fair_housingsexual_orientationrcw_49_60broker_liabilityrcw_18_85disciplinerental_discrimination

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