Fair Housing
What is the 'disparate impact' theory under fair housing law, and how can it affect Nevada real estate practices?
AA theory requiring intentional discrimination to prove a violation
BA theory where a neutral policy can violate fair housing law if it disproportionately harms a protected class✓ Correct
CA theory only applicable to rental housing, not sales
DA theory that protects landlords from liability if their policies are written neutrally
Explanation
Disparate impact theory holds that a facially neutral policy or practice that has a disproportionate adverse effect on a protected class can violate fair housing law, even without discriminatory intent. Nevada landlords and lenders must evaluate their policies for disparate impact.
Related Nevada Fair Housing Questions
- What is an 'adverse action notice' under ECOA in Nevada lending?
- Nevada's fair housing law provides protections beyond the federal Fair Housing Act. Which of the following is a state-protected class in Nevada that is NOT in the federal law?
- Under the Fair Housing Act, which of the following exemptions applies?
- A Nevada apartment complex has a pool. A tenant with a disability requests a reserved accessible parking space closer to the pool. This is an example of:
- A landlord tells a Black applicant that the available apartment was 'just rented' but later rents it to a White applicant who applied after. This is an example of:
- What is the Nevada Equal Rights Commission's (NERC) role in fair housing?
- Under what circumstances can an HOA in Nevada restrict the use of a unit to adults only?
- Under the Americans with Disabilities Act (ADA), which Nevada commercial properties must be accessible?
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