Fair Housing

In New York, 'housing discrimination by algorithm' (e.g., AI-based tenant screening tools that have disparate impact) is:

AAutomatically legal since algorithms are neutral
BSubject to fair housing review; tools with disparate impact on protected classes may violate fair housing law even if unintentional✓ Correct
COnly regulated at the federal level
DLegal unless the tenant can prove discriminatory intent

Explanation

Under disparate impact theory, AI-based screening tools that disproportionately screen out members of protected classes may violate fair housing laws even without discriminatory intent. NYC and NYS have emphasized that technology does not exempt landlords from fair housing obligations.

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