Fair Housing

In New York, the 'disparate treatment' theory in fair housing requires proof of:

AStatistical evidence of disproportionate impact
BIntentional discriminatory conduct based on a protected characteristic✓ Correct
COnly written evidence of discrimination
DFederal court involvement

Explanation

Disparate treatment requires proof that the housing provider intentionally treated a person differently because of their membership in a protected class. Evidence can be direct (discriminatory statements) or circumstantial (comparing treatment of similarly situated persons of different protected class status).

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