Fair HousingIntermediateAlaska Exam

Under the Fair Housing Act, a landlord who uses a criminal background screening policy must ensure it does not:

AConsider any past criminal history at all, though specifics can vary by situation
BHave a disparate impact on protected classes without a legitimate justificationCorrect
CScreen for violent crime convictions
DBe disclosed to applicants

Why Have a disparate impact on protected classes without a legitimate justification Is Correct

Answer B: Have a disparate impact on protected classes without a legitimate justification

HUD guidance states that blanket bans on renting to anyone with a criminal record may have a disparate impact on protected racial and national origin groups. Landlords must use individualized assessments that have a legitimate, non-discriminatory justification.

Exam Tip: Fair Housing

Fair Housing questions test both federal (Fair Housing Act of 1968) and state-level protected classes. The federal protected classes are race, color, religion, national origin, sex, familial status, and disability. Many states add additional protections.

Key Fair Housing Terms in This Question

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