New York Real Estate Salesperson ExaminationNew York State Specific Laws and RegulationsMedium
A New York State real estate broker is acting as a property manager for an owner. The owner instructs the broker to only consider tenants who are married with children, stating they want a 'family-friendly' building. How should the broker respond to this instruction?
- AComply with the owner's request, as long as it's documented in the property management agreement.
- BInform the owner that the instruction violates Fair Housing Laws and cannot be followed.
- CProceed with screening all applicants but prioritize those matching the owner's preference.
- DSuggest modifying the criteria to 'families preferred' to avoid direct discrimination.
Show answer & explanationAnswer & explanation
Correct answer: B. Inform the owner that the instruction violates Fair Housing Laws and cannot be followed.
The instruction to only consider married tenants with children constitutes discrimination based on familial status and marital status, which are protected classes under New York's Fair Housing Laws. A broker must refuse to follow such discriminatory instructions.
Why the other options are wrong
- A. Documenting a discriminatory instruction does not make it legal or permissible for a licensee.
- C. Prioritizing applicants based on protected characteristics is still a form of illegal discrimination.
- D. Any instruction that results in preferential treatment or exclusion based on protected characteristics is discriminatory.
Refusal of Discriminatory Instructions
Real estate licensees in New York must refuse any instruction from a client that would lead to discrimination against protected classes under Fair Housing Laws.
- Applies to all protected classes.
- Licensees have a legal obligation to refuse.
- Failure to refuse can lead to license suspension/revocation.
Memory trick: Don't follow the Discriminatory Dance; just say No and Stand your stance.