Fair Housing
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
BThe housing provider to show the policy is necessary to achieve a substantial, legitimate, nondiscriminatory interest✓ Correct
CHUD to prove the statistical disparity
DThe courts, not the housing provider
Explanation
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.
Related Alaska Fair Housing Questions
- In Alaska, which of the following fair housing practices involves the most nuanced analysis?
- Under the Fair Housing Act's disability provisions, a landlord must allow a tenant with a disability to:
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- Alaska state fair housing law adds which protected class(es) beyond the federal Fair Housing Act?
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