Fair HousingIntermediateCalifornia Exam

What is 'disparate impact' in fair housing law?

AIntentional discrimination against a protected class, under federal and California fair housing law, under federal and California fair housing law, consistent with Fair Employment and Housing Act protections

BWhen a facially neutral policy or practice has a disproportionately negative effect on members of a protected class, even without discriminatory intentCorrect

CPhysical damage to a property based on race, as defined under the Fair Employment and Housing Act, under federal and California fair housing law, consistent with Fair Employment and Housing Act protections

DA disparate rent charged to different tenants, consistent with federal Fair Housing Act protections, under federal and California fair housing law, consistent with Fair Employment and Housing Act protections

Why When a facially neutral policy or practice has a disproportionately negative effect on members of a protected class, even without discriminatory intent Is Correct

Answer B: When a facially neutral policy or practice has a disproportionately negative effect on members of a protected class, even without discriminatory intent

Disparate impact (also called adverse impact) is a legal theory that holds that housing policies or practices can violate fair housing law if they have a disproportionate negative effect on protected classes, even if the policy was not intended to discriminate. In California, fair housing protections are enforced by the California Civil Rights Department (CRD, formerly DFEH) under the California Fair Employment and Housing Act (FEHA).

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

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.

People Also Study

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.

Steering

An 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.

Redlining

An illegal practice where lenders or insurers deny services or charge higher rates in certain neighborhoods based on the racial or ethnic composition of those areas.

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.