Fair Housing

In Alaska, disparate impact theory in fair housing means that a policy may be unlawful if:

AThe landlord intended to discriminate
BThe policy disproportionately harms a protected class even without discriminatory intent✓ Correct
CThe policy was adopted after a fair housing complaint was filed
DThe policy only affects commercial tenants

Explanation

Under disparate impact theory (confirmed by the Supreme Court in Texas Dept. of Housing v. Inclusive Communities), a housing policy may violate the Fair Housing Act if it has a disproportionate adverse effect on a protected class, even without proof of discriminatory intent.

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