Fair Housing

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 group✓ Correct
CC. Only a state criminal records violation
DD. Only liability if the arrest was for a violent crime

Explanation

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.

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