Maine Real Estate License Practice Exam

When a landlord advertises a rental unit in a discriminatory manner, what is the legal implication?

1. It is permissible due to owner-occupied exemption

2. It is permissible as she is not using a licensee

3. It is illegal under fair housing laws

4. It is advised against, but not unlawful

The correct answer is: It is illegal under fair housing laws

When a landlord advertises a rental unit in a discriminatory manner, it is illegal under fair housing laws. These laws are designed to prevent discrimination based on protected characteristics such as race, color, national origin, religion, sex, familial status, and disability. By advertising in a way that discriminates against potential tenants based on these characteristics, the landlord is violating these federal and state laws, which serve to promote equality and fairness in housing opportunities. Discriminatory advertising can manifest through language that suggests a preference or restriction based on these protected characteristics, which is explicitly prohibited. Violating fair housing laws can lead to significant legal ramifications, including fines, lawsuits, and damage to the landlord’s reputation. The other choices involve conditions that do not exempt a landlord from adhering to fair housing laws. The owner-occupied exemption, for instance, does not apply when discriminatory practices are evident in advertising. Similarly, acting without a licensee does not provide a legal shield against discriminatory practices. Lastly, mere advice against such actions without the legal backing does not escape the obligation to comply with fair housing regulations.