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Real Estate Licensing Virginia Real Estate Salesperson Exam - Topic 8 Question 20 Discussion
Topic #: 8
Marty, who is not a real estate agent, owns a duplex. He lives in one unit and rents out the other. He turns down a\family with small children as tenants because he doesn't want to deal with noise. Evaluate the situation.
The Fair Housing Act protects against housing discrimination based on:
Race, color, religion, sex, national origin, familial status, and disability.
Familial status = protection for households with children under 18, pregnant women, or legal guardians of children.
Marty's refusal to rent to a family with small children violates familial status protections.
Exemption note (owner-occupied duplex rule): While the Fair Housing Act has a limited exemption for small owner-occupied dwellings ('Mrs. Murphy exemption'), Virginia Fair Housing Law does not allow discrimination based on familial status even in this situation.
Thus, the correct answer is familial status discrimination.
Federal Fair Housing Act, 42 U.S.C. 3601 et seq.
Virginia Fair Housing Law, Code of Virginia Title 36, Chapter 5.1
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