Fair HousingIntermediateColorado Exam

A Colorado condominium HOA's policy of requiring board approval for all rentals, applied consistently without regard to protected class, is generally:

AA violation of the Fair Housing Act's prohibition on familial status discrimination, in general
BA permissible rental approval policy if applied consistently and not used to discriminateCorrect
CRequired by CCIOA
DProhibited by Colorado anti-discrimination law

Why A permissible rental approval policy if applied consistently and not used to discriminate Is Correct

Answer B: A permissible rental approval policy if applied consistently and not used to discriminate

An HOA rental approval policy that is applied consistently to all unit owners without regard to protected class characteristics is generally a permissible business policy. It becomes discriminatory if used as a pretext to discriminate against protected classes.

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.

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