Question

In a complaint alleging housing discrimination against brokers, those brokers will find the burden of proof shifted to requiring them to prove that they did not discriminate unless:

A) Brokers have included an exculpatory clause in their contract

B) They carry errors and omissions insurance

C) Brokers have all renters sign a hold harmless agreement

D) Brokers have displayed prominently an Equal Housing Opportunity poster

Answer 1

Option D

The Fair Housing Act prohibits any discrimination while renting or selling a house based on race, gender, family status, religion or country of origin. There could not be any preference for a particular race or color of people while renting or selling the house and if such discrimination is done by the broker then the burden of evidence lies with the broker as that person or the firm is assumed to be guilty. Although, it is not required but displaying an 'Equal Housing' poster indicates that the broker is adhering to the rules of equal housing.

Option A is wrong because the clause is related to the contract to limit or waive off the damages if a breach has taken place while executing it.

Option B is also wrong because the errors and omission insurance provides protection from the liability arising in the business because of any negligence. That does not absolve the broker from the burden to provide evidences.

Option C is incorrect as it is subjected to the damage or injury while tenant has rented the house.