Fair Housing
Under the New York State Human Rights Law, a housing provider's use of a criminal background check policy that categorically bars all persons with any criminal record from housing may:
AAlways be used because criminal history is not a protected class
BConstitute illegal discrimination if it has a disparate impact on a protected class (such as race) without being tailored to assess actual risk✓ Correct
CBe challenged only under the ADA
DBe used freely in New York City but not upstate
Explanation
New York's Division of Human Rights has issued guidance that categorical bans on persons with criminal records may constitute illegal discrimination if they disproportionately affect a protected class (particularly race) without consideration of the nature of the crime, time elapsed, or rehabilitation. Housing providers should conduct individualized assessments rather than blanket bans.
Related New York Fair Housing Questions
- The HUD complaint process for fair housing violations requires the complaint to be filed within:
- Under the New York State Human Rights Law, a landlord who refuses to rent to a family with children (in a building with 4 or more units that is not owner-occupied) is committing:
- Under the Fair Housing Act, the exemption for owner-occupied buildings with four or fewer units applies only if:
- In New York, a real estate agent's duty to treat all buyers equally means they should NOT:
- Under New York's fair housing laws, which of the following best describes the concept of 'reasonable accommodation' for persons with disabilities in housing?
- The New York State Human Rights Law (NYSHRL) is MORE protective than the federal Fair Housing Act in that it prohibits discrimination based on additional protected classes, including:
- Under New York's anti-discrimination laws, 'associational discrimination' means:
- In New York, which of the following acts supplements the Fair Housing Act by prohibiting discrimination in the extension of credit for housing?
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