Fair Housing

A Nevada landlord refuses to rent to an applicant because the applicant has a record of a prior marijuana-related conviction. Is this lawful in Nevada?

AAutomatically illegal under Nevada fair housing law
BPotentially lawful if the policy is applied consistently and non-discriminatorily, but criminal history screening must not be used as a pretext for discrimination based on protected class✓ Correct
CIllegal because marijuana is legal in Nevada
DAutomatically lawful because criminal history is not a protected class

Explanation

Criminal history screening is generally not a protected class under federal fair housing law. However, HUD guidance cautions that blanket criminal history bans may have a disparate impact on protected classes. Nevada landlords must apply consistent, individualized screening that does not serve as a pretext for discrimination.

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