Fair Housing

A Montana property manager who has a 'no criminal background' policy that automatically disqualifies all applicants with any criminal history should be aware that:

AThis policy is always legal regardless of its effects
BSuch blanket policies may have disparate impact on protected classes and could violate the Fair Housing Act✓ Correct
COnly felony convictions may be considered, not misdemeanors
DMontana law prohibits all criminal background checks for rental applications

Explanation

HUD guidance warns that blanket criminal history exclusion policies may have a disparate impact on racial and ethnic minorities, potentially violating the Fair Housing Act. Individualized assessment is recommended.

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