Fair Housing

A South Dakota apartment complex with a rule requiring prospective tenants to earn 3x the rent in income applies this rule to all applicants equally. A disproportionate number of minority applicants fail this requirement. This situation involves potential:

AIntentional discrimination (disparate treatment)
BDisparate impact discrimination if the income rule is not justified by business necessity✓ Correct
CNo discrimination since the rule is applied equally
DOnly ECOA violations, not Fair Housing Act violations

Explanation

A neutral policy with a disproportionate negative impact on a protected class can be challenged under the disparate impact theory of the Fair Housing Act, unless the rule is justified by legitimate business necessity.

People Also Study

Study This Topic

Practice More South Dakota Real Estate Questions

1,500+ questions covering all exam topics. Start free — no signup required.

Take the Free South Dakota Quiz →