Fair Housing

Under the Fair Housing Act, 'disparate impact' theory means a housing policy can be discriminatory even if it:

AWas implemented with discriminatory intent
BHas a neutral face but has a disproportionately negative effect on a protected class✓ Correct
CApplies to everyone equally but was inspired by bias
DIs applied inconsistently across different properties

Explanation

Disparate impact liability (recognized by the Supreme Court in Texas Dept. of Housing v. Inclusive Communities Project, 2015) allows Fair Housing claims against policies that are facially neutral but have a disproportionately negative effect on a protected class, even without discriminatory intent. For example, blanket no-criminal-record policies may have disparate impact on minority applicants.

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