Fair HousingIntermediateArizona Exam

Disparate impact under the Fair Housing Act means that a housing policy is discriminatory if:

AThe policy explicitly mentions a protected class
BThe policy has a disproportionately adverse effect on a protected class, even without discriminatory intentCorrect
CTwo or more protected classes are treated differently
DThe policy was enacted before the Fair Housing Act was passed

Why The policy has a disproportionately adverse effect on a protected class, even without discriminatory intent Is Correct

Answer B: The policy has a disproportionately adverse effect on a protected class, even without discriminatory intent

Disparate impact (discriminatory effects) liability holds that a housing policy or practice that is neutral on its face but has a disproportionately adverse effect on a protected class may violate the Fair Housing Act even without proof of discriminatory intent.

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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