Fair HousingIntermediateColorado Exam

A Colorado landlord who refuses to rent to a person because they were previously arrested (but not convicted) may face claims of:

AA. No fair housing concern
BB. Potential racial discrimination if the arrest record policy has a disparate impact on a protected racial or national origin groupCorrect
CC. Only a state criminal records violation
DD. Only liability if the arrest was for a violent crime, though the precise application can differ somewhat from one county to the next

Why B. Potential racial discrimination if the arrest record policy has a disparate impact on a protected racial or national origin group Is Correct

Answer B: B. Potential racial discrimination if the arrest record policy has a disparate impact on a protected racial or national origin group

Using arrest records (without convictions) as a basis for tenant screening can have disparate impact on certain racial and ethnic groups (who are disproportionately represented in arrest data). HUD guidance warns that blanket policies excluding people with arrest records, without considering conviction records and individualized assessments, may violate the FHA.

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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