May 2006 Coach's Quiz

April 30, 2006

We've given you some rules to follow to help you avoid discrimination based on marital status. Now let's look at how the rules might apply in the real world. Take the Coach's Quiz to see what you've learned.

INSTRUCTIONS: Each of the following questions has only one correct answer. On a separate piece of paper, write down the number of each question, followed by the answer you think is correct—for example, 1) b, 2) a, and so on.

Coach's Tip: The correct answers (with explanations) follow the quiz. Good luck!

We've given you some rules to follow to help you avoid discrimination based on marital status. Now let's look at how the rules might apply in the real world. Take the Coach's Quiz to see what you've learned.

INSTRUCTIONS: Each of the following questions has only one correct answer. On a separate piece of paper, write down the number of each question, followed by the answer you think is correct—for example, 1) b, 2) a, and so on.

Coach's Tip: The correct answers (with explanations) follow the quiz. Good luck!

QUESTION #1

Sasha is interested in the only vacant one-bedroom apartment at your community, which is located in a state that bars discrimination based on marital status. While she's filling out the application, you ask her if she's married and she says, “No, I'm single.” You accept her application, but warn her that the community prefers to rent to married couples. You explain that although Sasha seems mature and responsible, you've had problems in the past with single residents throwing parties, making noise, and having lots of guests. So you tell Sasha that if a married couple is interested in the same apartment, you'll consider their application before you consider hers. What, if anything, did you do wrong?

  1. You asked Sasha what her marital status was.

  2. You indicated a preference for married prospects over single prospects.

  3. Both a. and b.

  4. Nothing. Given your prior problems with single residents, it's permissible—and a reasonable business decision—for you to give a preference to married prospects over single prospects.

QUESTION #2

Matt and his brother Mark are both recently divorced, so they decide to rent an apartment together. Both have full-time jobs and each makes $50,000 a year. They're interested in a two-bedroom apartment at Emily's community, which is located in a city that bars discrimination based on marital status. Emily tells Matt and Mark that they each must meet the community's income requirement, which requires a prospect to make $70,000 for a two-bedroom apartment. Matt points out that although neither he nor his brother individually makes $70,000 a year, together they make $100,000-$30,000 more than the community requires. But Emily tells Matt and Mark that she would consider their total income only if they were married. Did Emily act appropriately?

  1. Yes. If Mark were to remarry and move out, Matt might not be able to pay the rent on his own, and Emily wouldn't be able to go after Mark for any rent due.

  2. No. Because Matt and Mark are brothers, she should have considered their total income.

  3. Yes. After all, divorced residents are known for being unreliable and having problems paying their rent.

  4. No. By treating Matt and Mark (divorced prospects) differently from married prospects, Emily has violated her city's fair housing law, which bars her from discriminating against prospects based on their marital status.

QUESTION #3

Because federal fair housing law doesn't bar discrimination based on marital status, you can treat prospects and residents differently because of their marital status without worrying about being sued for discrimination. True or False?

  1. True.

  2. False.

QUESTION #4

Liam and Kathy McGuire, a married couple, tell you they're interested in renting a two-bedroom apartment in your community, which is located in a state that bars discrimination based on marital status. You have two vacant two-bedroom apartments. One is located on the 10th floor, which has many unmarried residents, is noisy, and has a reputation as “the party floor.” The other apartment is located on the fourth floor, which has mainly married residents and residents with families and is generally quieter. Which apartment should you show the McGuires?

  1. The apartment on the fourth floor only.

  2. The apartment on the 10th floor only.

  3. Neither apartment.

  4. Both apartments.

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    Coach's Answers & Explanations

    QUESTION #1

    Correct answer: c

    Reason: Rules #2 and #4 apply here:

    Rule #2: Treat All Prospects, Residents the Same, Regardless of Marital Status

    Rule #4: Don't Ask About Prospects' Marital Status

    Because the state in which your community is located bars discrimination based on marital status, you shouldn't have asked Sasha about her marital status. The fact that Sasha is single has no bearing on whether she's qualified to rent the apartment. And you shouldn't have told her that your community prefers to rent to married couples and that you'd consider a married couple's application for the apartment before you'd consider hers. Because Sasha applied for the apartment first, you should consider her application before you consider any other prospect's application for the same apartment—regardless of another prospect's marital status.

    Wrong answers explained:

    1. Asking Sasha if she's married was wrong, but it wasn't the only thing you did wrong.

    2. Telling Sasha that your community preferred married couples over single prospects was also a mistake, but again, it wasn't the only thing you did wrong.

    3. Although it's wise to try to prevent the kinds of problems that prior single residents have caused at your community, that legitimate goal doesn't give you license to discriminate against Sasha simply because she's single.

    QUESTION #2

    Correct answer: d

    Reason: Rule #7 applies here:

    Rule #7: Consider Total Income of All Adults Who Will Live in Apartment

    When determining whether prospects meet your community's income requirements, consider the total income of all the adults who will live in the apartment—regardless of their marital status. If you do so only for married couples and not for single, divorced, separated, or widowed prospects, you're treating prospects differently based on their marital status and thus violating your state or local fair housing law. Here, Emily should have considered Matt's and Mark's total income when determining whether they met her community's requirement. If she'd done so, they would have easily qualified for the apartment because together they make $100,000 a year—$30,000 more than the required $70,000.

    Wrong answers explained:

    1. If Emily is worried that Matt won't be able to pay the rent on his own if Mark moves out and that the community won't have a way to go after Mark for any rent due, she can simply require both Matt and Mark to sign the lease. Then both brothers are legally responsible for the rent payments even if one of them moves out.

    2. The fact that Matt and Mark are brothers is irrelevant. Emily should consider their total income because to do otherwise would be treating them differently from married prospects based on their marital status, which would violate her city's fair housing law.

    3. There's no reason to believe that divorced residents are unreliable or have problems paying their rent. And even if they did, it wouldn't justify discriminating against Matt and Mark because they're each divorced. Doing so would violate the city's fair housing law barring discrimination based on marital status.

    QUESTION #3

    Correct answer: b

    Reason: Rule #1 applies here:

    Rule #1: Find Out Whether State or Local Law Bars Marital Status Discrimination

    Although the FHA doesn't bar discrimination based on marital status, many states and localities have fair housing laws that do. And if your state or local fair housing law bars discrimination based on marital status and you treat, say, married prospects differently from divorced prospects, you could be sued for violating the state or local law. So consult your community's attorney to find out whether your state or local law bars such discrimination. And even if your state and local fair housing laws currently don't bar discrimination based on marital status, ask your community's attorney to stay on top of these laws and update you on any changes to them. An increasing number of states and localities are extending fair housing protections—through laws or by court decisions—to prospects and residents beyond the FHA's scope. And marital status is a common additional protected characteristic.

    QUESTION #4

    Correct answer: d

    Reason: Rule #3 applies here:

    Rule #3: Don't Steer Prospects Based on Their Marital Status

    You shouldn't steer prospects to certain parts of your community based on their marital status—even if you think they'd be happier in a particular apartment, building, or floor. So even if you think the McGuires would be happier in the apartment on the quiet fourth floor as opposed to the apartment on “the party floor,” you should show them both apartments and let them decide which one they would prefer.

    Wrong answers explained:

    1. Even if you think the McGuires would be happier in this apartment, you should show them all vacant apartments that meet their requirements and let them decide which apartment they would prefer.

    2. Again, you should show the McGuires all vacant apartments that meet their requirements—not just select apartments that do so.

    3. There's no reason to show neither apartment to the McGuires, because both apartments meet their requirements.

    See The Lesson For This Quiz

    Avoiding Discrimination Based on Marital Status

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