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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Key Terms to Know
Adjustable-Rate Mortgage (ARM)
A mortgage with an interest rate that changes periodically based on a financial index, usually after an initial fixed-rate period.
Fair Housing ActFederal 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.
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