Fair Housing

In South Dakota, a housing provider who implements a 'credit score minimum' policy that disproportionately affects minority applicants must be able to demonstrate:

AOnly that all applicants were treated the same in the application process
BThat the policy is justified by business necessity and that there is no less discriminatory alternative✓ Correct
CThat the minority applicants were unqualified for other reasons as well
DThat the policy was approved by HUD

Explanation

Under the disparate impact theory, a facially neutral policy that causes disparate impact on a protected class must be justified by business necessity, and the housing provider must show no less discriminatory alternative exists.

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