Fair Housing

Under the federal Fair Housing Act, 'disparate impact' theory means a housing policy is discriminatory if it:

AWas enacted with discriminatory intent
BDisproportionately burdens a protected class even without discriminatory intent✓ Correct
COnly applies to rental housing
DOnly applies if a formal complaint is filed within 30 days

Explanation

Under disparate impact theory (affirmed by the Supreme Court in Texas Dept. of Housing v. Inclusive Communities Project), a housing policy may be challenged as discriminatory if it disproportionately burdens a protected class, even if there was no discriminatory intent. Massachusetts Chapter 151B also recognizes disparate impact claims.

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