Fair Housing
A Connecticut landlord has a 'no felony conviction' tenant screening policy. A fair housing organization argues this policy has a disparate impact on applicants of a certain race. Under the disparate impact theory:
AThe policy is legal since it is facially neutral
BThe policy must be justified by a legitimate business necessity, and even then, the landlord must consider less discriminatory alternatives✓ Correct
CThe policy is automatically illegal because it affects a protected class
DThe landlord may use any screening criteria without fair housing scrutiny
Explanation
Under the disparate impact theory (recognized by HUD and courts), a facially neutral policy that disproportionately excludes members of a protected class must be justified by a legitimate, substantial business necessity. Even then, if a less discriminatory alternative is available, the policy may still be challenged.
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