Fair Housing

Under the Fair Housing Act, a property manager in Montana who implements a 'no criminal history' policy must ensure the policy does not have an unjustified disparate impact. What does this mean?

AThe policy must apply to all applicants regardless of the nature of the crime
BThe policy must be justified by a business necessity and must be narrowly tailored, considering factors such as the nature of the crime and time elapsed✓ Correct
CCriminal background checks are entirely prohibited
DOnly federal crimes may be considered in tenant screening

Explanation

HUD guidance requires that policies excluding applicants based on criminal history must be tailored to serve a legitimate business purpose, considering the nature of the crime, time elapsed, and evidence of rehabilitation—a blanket exclusion may be unjustified and discriminatory.

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