Fair Housing
A NH property manager who requires all prospective tenants to submit to criminal background checks must:
AReject all applicants with any criminal record
BApply the criminal background screening criteria consistently and avoid policies that have a discriminatory disparate impact without business justification✓ Correct
COnly screen for felonies committed in the past 5 years
DIgnore criminal background as it is not a permissible screening criterion
Explanation
HUD guidance states that blanket criminal background policies that exclude all people with any criminal history may violate the Fair Housing Act through disparate impact on protected classes. Landlords should conduct individualized assessments, considering the nature of the crime, time elapsed, and evidence of rehabilitation.
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