Fair Housing
An Oregon landlord has a policy of refusing to rent to anyone who has ever been evicted. How might this policy be viewed under fair housing law?
AEntirely lawful, since eviction history is not a protected class
BPotentially discriminatory if the policy has a disparate impact on protected classes without business justification✓ Correct
CEntirely unlawful in Oregon
DLawful only for properties with 4 or fewer units
Explanation
While eviction history is not itself a protected class, a blanket policy against renting to anyone ever evicted could have a disparate impact on protected classes (such as certain racial or ethnic groups statistically more likely to have eviction records due to systemic factors). Under the disparate impact theory, the landlord may need to justify the policy as necessary and narrowly tailored.
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