Fair Housing

What is the 'disparate impact' theory under fair housing law and how does it apply to Oregon landlords?

AIt only applies when a landlord intends to discriminate
BIt holds that neutral policies that disproportionately affect protected classes may be unlawful unless justified by legitimate business necessity✓ Correct
CIt applies only to federally subsidized housing
DIt is the same as intentional discrimination

Explanation

Under the disparate impact theory, a facially neutral policy can violate fair housing law if it disproportionately harms members of a protected class without sufficient business justification. For example, an Oregon landlord's policy requiring a minimum credit score may have a disparate impact on minority applicants.

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