Fair Housing
A housing provider who uses overly broad criminal history screening (e.g., rejecting all applicants with any arrest record) may be found to violate fair housing under:
AThe direct discrimination theory
BThe disparate impact theory, since arrest records disproportionately affect certain racial groups✓ Correct
CThe ECOA
DThe ADA
Explanation
Overly broad criminal history policies (e.g., rejecting applicants for arrests without conviction) can have a disparate impact on protected racial groups who are disproportionately represented in criminal justice records. HUD has issued guidance on this.
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