Fair Housing

In New York, 'disparate impact' theory in fair housing means:

AOnly intentional discrimination is illegal
BA neutral policy or practice that disproportionately harms a protected class may be unlawful, even without discriminatory intent✓ Correct
CImpact on property values is the only consideration
DOnly policies involving race are subject to this theory

Explanation

The disparate impact theory (recognized under the FHA and NYSHRL) holds that a facially neutral policy or practice that has a disproportionate adverse effect on a protected class may be unlawful, even if there was no discriminatory intent.

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