Fair Housing

A Florida landlord refuses to rent to an applicant because their credit score is 580. The applicant, who is a member of a racial minority, claims this policy has a disparate impact on minorities. The landlord can best defend against this claim by:

AArguing that credit scores are race-neutral and therefore lawful per se
BDemonstrating that the credit score requirement is necessary for a legitimate business purpose and that no less discriminatory alternative achieves the same purpose
CShowing that they also reject non-minority applicants with low credit scores
DBoth B and C together form the complete defense✓ Correct

Explanation

To defend against a disparate impact claim, the landlord must show: (1) the policy serves a legitimate business purpose, and (2) there is no less discriminatory alternative. Showing the policy applies equally (to both the minority applicant and similarly situated non-minority applicants) helps establish consistency. Both elements together — legitimate purpose, consistent application, and no less discriminatory alternative — form a complete defense.

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