Fair Housing
What is 'disparate treatment' in fair housing law and how does it differ from disparate impact?
ADisparate treatment and disparate impact are legally identical theories
BDisparate treatment involves intentional discrimination based on protected characteristics; disparate impact involves facially neutral policies that disproportionately harm protected classes without requiring proof of intent✓ Correct
CDisparate treatment applies only to commercial transactions; disparate impact to residential
DDisparate treatment requires statistical evidence; disparate impact requires direct evidence of intent
Explanation
Disparate treatment is intentional discrimination — treating a person less favorably because of their protected class (refusing to show a Black buyer the same properties shown to a white buyer). Disparate impact focuses on the discriminatory effects of neutral policies (a minimum income requirement that screens out more minority applicants). Both theories can establish fair housing violations in Pennsylvania. Disparate treatment requires proof of discriminatory intent; disparate impact requires statistical evidence of disproportionate harm and can be defended by showing business necessity.
Related Pennsylvania Fair Housing Questions
- The Pennsylvania Human Relations Act (PHRA) extends fair housing protections beyond the federal Fair Housing Act by explicitly adding which protected class?
- The practice of requiring different lease terms or conditions from members of a protected class is called:
- Which of the following is an example of a lawful practice under the federal Fair Housing Act?
- What is the purpose of the Americans with Disabilities Act (ADA) as it relates to commercial real estate?
- Pennsylvania's Human Relations Act adds which protected class not covered by federal Fair Housing law?
- Pennsylvania's Human Relations Act covers which types of housing beyond the federal Fair Housing Act?
- Under the Fair Housing Act, a landlord may legally refuse to rent to a person with a disability who:
- A disability-related accommodation request that would fundamentally alter the nature of the housing or impose an undue financial burden is considered:
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