Fair HousingIntermediateNorth Carolina Exam

A NC housing provider who creates a policy that appears neutral but has a disproportionate negative impact on a protected class may be liable under:

ADisparate treatment theory only
BDisparate impact (discriminatory effect) theory under the Fair Housing ActCorrect
CNo fair housing theory, as the policy is neutral, under typical circumstances
DOnly state law, not federal law

Why Disparate impact (discriminatory effect) theory under the Fair Housing Act Is Correct

Answer B: Disparate impact (discriminatory effect) theory under the Fair Housing Act

The Fair Housing Act prohibits policies that have a discriminatory effect (disparate impact) on protected classes even if the policy was not intentionally discriminatory, as affirmed by the Supreme Court in Texas Department of Housing v. Inclusive Communities Project.

Exam Tip: Fair Housing

Fair Housing questions test both federal (Fair Housing Act of 1968) and state-level protected classes. The federal protected classes are race, color, religion, national origin, sex, familial status, and disability. Many states add additional protections.

Key Fair Housing Terms in This Question

People Also Study

Practice More North Carolina Real Estate Questions

1,400+ questions covering all exam topics. Start free — no signup required.

Take the Free North Carolina Quiz →