Fair Housing

In Montana, a housing provider who has a policy against renting to any person with a criminal record may face fair housing liability if:

AThe policy is consistently applied to all applicants
BThe policy has a disparate impact on racial minorities without being justified by business necessity✓ Correct
CThe policy is disclosed in the rental listing
DCriminal history screening is never permitted

Explanation

Under HUD guidance, blanket bans on renting to anyone with a criminal record may have a disparate impact on racial minorities. Such policies must be justified by legitimate, non-discriminatory business necessity.

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