Fair HousingIntermediateArizona Exam

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 justificationCorrect
CIt was adopted before the FHA was enacted
DIt is applied only to new applicants

Why It has a disproportionate negative effect on a protected class without justification Is Correct

Answer B: It has a disproportionate negative effect on a protected class without justification

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.

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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