Fair Housing
A Pennsylvania landlord's policy of 'no criminal background — ever' is being challenged as a fair housing violation. The challenge is based on:
ACriminal history is a protected class under the Fair Housing Act
BSuch a blanket policy may have a disparate impact on racial minority groups who are overrepresented in the criminal justice system✓ Correct
CCriminal background checks are illegal under Pennsylvania law
DThe policy violates the Equal Credit Opportunity Act
Explanation
HUD guidance (2016) warns that blanket 'no criminal history' policies may violate the Fair Housing Act through disparate impact because racial and ethnic minorities are disproportionately represented in the criminal justice system. Housing providers should conduct individualized assessments of criminal history rather than applying categorical bars.
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