Fair Housing
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 Act✓ Correct
CNo fair housing theory, as the policy is neutral
DOnly state law, not federal law
Explanation
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.
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Key Terms to Know
Fair Housing Act
Federal law prohibiting discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, disability, and familial status.
SteeringAn illegal practice where a real estate agent directs buyers toward or away from certain neighborhoods based on the buyer's race, religion, national origin, or other protected characteristics.
BlockbustingAn illegal practice of inducing homeowners to sell by claiming that the entry of minority groups will lower property values.
RedliningAn illegal practice where lenders or insurers deny services or charge higher rates in certain neighborhoods based on the racial or ethnic composition of those areas.
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