Fair Housing

In New York, which of the following is an example of 'disparate impact' discrimination in housing?

AA landlord explicitly refusing to rent to Hispanic applicants
BA lender's neutral policy that has a disproportionately negative impact on a protected class, even if the policy was not intended to discriminate✓ Correct
CA real estate agent steering a buyer toward a specific neighborhood
DA landlord requiring a higher security deposit from a specific tenant

Explanation

Disparate impact discrimination occurs when a facially neutral policy or practice (one that doesn't mention any protected class) disproportionately and adversely affects members of a protected class, without a legally sufficient justification. The Fair Housing Act and NY Human Rights Law prohibit both intentional discrimination (disparate treatment) and policies with disparate impact.

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