Fair Housing

Under fair housing law, a landlord who uses a neutral policy (e.g., 'no criminal records') that disproportionately excludes a protected class must:

AA. Eliminate the policy immediately
BB. Be able to justify it as serving a legitimate housing-related business interest✓ Correct
CC. Obtain HUD approval before implementing such a policy
DD. Only apply the policy to new applications

Explanation

Under disparate impact theory, neutral policies that disproportionately affect protected classes must be justified by a legitimate business interest and must be no more restrictive than necessary. Blanket criminal record bans, for example, may violate fair housing law.

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