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Practice Of Real EstateFair HousingMEDIUM

During an open house in Wheeling, WV, a listing agent overhears a visitor mention that she is blind and uses a guide dog. The agent tells the visitor that the seller does not allow pets and asks her to remove the dog from the property. The visitor files a fair housing complaint. Under the West Virginia Human Rights Act, which protected class is most directly at issue?

Correct Answer

B) Disability, because blindness is specifically referenced as a protected characteristic under the WV Human Rights Act

Under W. Va. Code § 5-11-9, the West Virginia Human Rights Act specifically includes blindness and disability as protected classes in housing. A guide dog used by a person who is blind qualifies as a service animal, and denying access to a service animal constitutes disability discrimination. The WV Human Rights Act's explicit mention of blindness as a protected characteristic reinforces this protection at the state level.

Answer Options
A
Ancestry, because the visitor's personal characteristics are protected under WV law
B
Disability, because blindness is specifically referenced as a protected characteristic under the WV Human Rights Act
C
Familial status, because the guide dog is considered part of the visitor's household
D
National origin, because the visitor's background may involve a foreign country

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Related Topics & Key Terms

Key Terms:

disabilityblindnessservice_animalwv_human_rights_actstate_protected_classes

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