Fair HousingIntermediateNorth Carolina Exam

Which of the following is an example of illegal disparate impact discrimination in housing?

AA landlord refusing all applicants with eviction history regardless of race, though the exact requirements can vary somewhat by jurisdiction
BA landlord applying a neutral policy that has a statistically disproportionate negative effect on a protected class without justificationCorrect
CA seller accepting the highest offer
DA broker specializing in commercial real estate

Why A landlord applying a neutral policy that has a statistically disproportionate negative effect on a protected class without justification Is Correct

Answer B: A landlord applying a neutral policy that has a statistically disproportionate negative effect on a protected class without justification

Disparate impact occurs when a neutral policy disproportionately harms a protected class and the policy cannot be justified by a legitimate business necessity.

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.

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