Fair Housing
In New Mexico, a landlord's policy of not renting to anyone with a criminal background check arrest record (not conviction) may be:
AAlways permissible as a safety measure
BPotentially discriminatory under HUD guidance, as arrest records without convictions can have disparate impact on racial minorities and may not reliably predict tenancy risk✓ Correct
CRequired by insurance companies
DProtected under First Amendment rights
Explanation
HUD guidance states that blanket bans on renting to persons with arrest records (without conviction) may violate the Fair Housing Act through disparate impact, as arrest rates disproportionately affect racial minorities. Policies based on criminal history should be narrowly tailored.
Related New Mexico Fair Housing Questions
- Under the Fair Housing Act, 'steering' is illegal. Steering occurs when a broker:
- A New Mexico landlord requires all prospective tenants to have a minimum income of 3x the monthly rent. This policy:
- In New Mexico, a landlord wants to create a policy that all tenants must speak English. This policy may violate the Fair Housing Act because:
- Under the Fair Housing Act, which of the following is an example of illegal 'source of income' discrimination in states where it is protected?
- In New Mexico, the concept of 'reasonable accommodation' in fair housing applies to:
- The federal Fair Housing Act prohibits discrimination based on which classes?
- A New Mexico lender charges a Hispanic borrower a higher interest rate than a similarly qualified White borrower. This is an example of:
- Under the Fair Housing Act, a landlord may require a higher security deposit from a tenant with a disability because of potential disability-related damage. Is this permitted?
Practice More New Mexico Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free New Mexico Quiz →