Fair Housing

Disparate impact under the Fair Housing Act means that even a neutral policy can be discriminatory if:

AThe property manager believes it is fair
BIt has a disproportionate negative effect on a protected class without justification✓ Correct
CIt was adopted before the FHA was enacted
DIt is applied only to new applicants

Explanation

Disparate impact theory holds that a facially neutral policy violates the FHA if it has a significant discriminatory effect on a protected class and is not justified by a sufficient business necessity or legitimate interest.

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