Fair Housing
A Florida HOA uses a criminal background check as part of tenant screening. Under Fair Housing guidance, this policy:
AIs always legal since safety is paramount
BMust be applied consistently and cannot blanket-exclude all persons with any criminal history, as this could have a disparate impact on protected classes✓ Correct
CIs only legal if approved by HUD
DIs only a state law issue, not federal
Explanation
HUD guidance (April 2016) warns that blanket exclusions of people with any criminal record can have a disparate impact on minority groups (who are overrepresented in the criminal justice system). Policies must be individualized and consider the nature, severity, and recency of offenses.
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