A Wisconsin property owner rents out a room in her owner-occupied single-family home and posts an advertisement stating she prefers a female roommate. A male applicant who was denied files a fair housing complaint. Under Wisconsin Statutes Chapter 106, which of the following best describes the legal situation?
Correct Answer
B) The owner will likely be exempt under the federal Fair Housing Act's Mrs. Murphy exemption, which may also apply under Wisconsin Chapter 106 for owner-occupied dwellings with limited units.
The federal Fair Housing Act contains a 'Mrs. Murphy' exemption for owner-occupied buildings with four or fewer units, allowing the owner to apply personal preferences in selecting tenants — but this exemption does not apply if a real estate broker is used or if discriminatory advertising is used. Wisconsin Chapter 106 contains a similar exemption for owner-occupied dwellings. However, the advertisement stating a gender preference may itself be a violation even if the underlying rental decision is exempt, as discriminatory advertising is generally not protected even under the Mrs. Murphy exemption. The situation involves nuanced analysis of both the exemption and the advertising restriction.
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Related Topics & Key Terms
Key Terms:
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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