Fair HousingIntermediateArizona Exam

Disparate impact under fair housing law refers to:

AA policy that explicitly discriminates against a protected class
BA facially neutral policy that has a disproportionately negative effect on a protected classCorrect
CA real estate agent making openly discriminatory statements
DUnequal application of rental terms based on religion

Why A facially neutral policy that has a disproportionately negative effect on a protected class Is Correct

Answer B: A facially neutral policy that has a disproportionately negative effect on a protected class

Disparate impact occurs when a facially neutral policy or practice disproportionately disadvantages members of a protected class, even without discriminatory intent. The Supreme Court has held that disparate impact claims are cognizable under the Fair Housing Act.

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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