Fair Housing
Who has the burden of proof in a fair housing disparate treatment case?
AAlways the housing provider
BInitially the complainant (to establish a prima facie case), then shifts to the respondent to provide a non-discriminatory reason✓ Correct
CAlways HUD
DAlways the complainant throughout the proceeding
Explanation
In disparate treatment cases, the complainant bears the initial burden of establishing a prima facie case of discrimination. The burden then shifts to the respondent to offer a legitimate, non-discriminatory explanation.
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Key Terms to Know
Fair Housing Act
Federal law prohibiting discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, disability, and familial status.
Right of First RefusalA contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
SteeringAn illegal practice where a real estate agent directs buyers toward or away from certain neighborhoods based on the buyer's race, religion, national origin, or other protected characteristics.
BlockbustingAn illegal practice of inducing homeowners to sell by claiming that the entry of minority groups will lower property values.
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