Fair Housing

The concept of 'disparate impact' in fair housing means that:

AA policy must intentionally discriminate to violate fair housing law
BA facially neutral policy or practice that disproportionately affects a protected class can violate fair housing law even without discriminatory intent✓ Correct
COnly government agencies can be held liable for disparate impact
DDisparate impact applies only to racial discrimination

Explanation

Disparate impact theory (recognized under the Fair Housing Act since the Supreme Court's 2015 Inclusive Communities decision) holds that a neutral policy can violate fair housing law if it has a disproportionate adverse effect on a protected class and lacks a sufficient justification. Credit scoring systems and occupancy standards have been challenged under disparate impact.

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