Fair HousingIntermediateAlaska Exam

Under the Fair Housing Act, the burden of proving that a neutral policy does not have an unjustified disparate impact rests with:

AThe complainant to prove the discriminatory intent, a position that many in the industry would generally find reasonable
BThe housing provider to show the policy is necessary to achieve a substantial, legitimate, nondiscriminatory interestCorrect
CHUD to prove the statistical disparity
DThe courts, not the housing provider

Why The housing provider to show the policy is necessary to achieve a substantial, legitimate, nondiscriminatory interest Is Correct

Answer B: The housing provider to show the policy is necessary to achieve a substantial, legitimate, nondiscriminatory interest

Under HUD's disparate impact rule (2013), once a complainant demonstrates a policy causes disparate impact on a protected class, the burden shifts to the housing provider to show the policy is necessary to achieve a substantial, legitimate, nondiscriminatory interest and that no less discriminatory alternative exists.

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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