Fair HousingIntermediateCalifornia Exam

Under the Fair Housing Act, 'disparate impact' means:

AA policy that explicitly mentions a protected class, consistent with federal Fair Housing Act protections
BA neutral policy that has a disproportionately negative effect on a protected classCorrect
CA direct refusal to rent to a protected class member, per standard fair housing compliance practice
DAn advertising campaign that excludes certain groups, under federal and California fair housing law

Why A neutral policy that has a disproportionately negative effect on a protected class Is Correct

Answer B: A neutral policy that has a disproportionately negative effect on a protected class

Disparate impact refers to a facially neutral policy or practice that, while not explicitly discriminatory, has a disproportionate negative effect on members of a protected class. Such policies can violate the Fair Housing Act even without 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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