Fair Housing
Disparate impact under the Fair Housing Act means that a neutral policy can violate the Act if it:
AWas adopted with discriminatory intent
BHas a disproportionate negative effect on a protected class and is not justified by a legitimate business necessity✓ Correct
CApplies uniformly to all applicants
DWas challenged by any tenant regardless of protected class status
Explanation
The disparate impact theory (recognized by the Supreme Court in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, 2015) holds that a facially neutral policy can violate the Fair Housing Act if it has a significant, unjustified disproportionate adverse effect on a protected class, even without discriminatory intent.
Related Texas Fair Housing Questions
- Under the Fair Housing Act, a 'testers' program where individuals of different races pose as potential buyers to test for discrimination is:
- The Texas Fair Housing Act is administered by the:
- A real estate broker who maintains a racially segregated housing pattern by only showing African American buyers homes in predominantly African American neighborhoods is engaged in:
- A Texas property management company asks all rental applicants about their national origin 'for statistical purposes.' This practice is:
- The Texas Fair Housing Act provides protections that are at least equivalent to federal law. Texas cities may also enact local fair housing ordinances that:
- Which of the following is NOT a protected class under the federal Fair Housing Act of 1968 as amended?
- A Texas property management company refuses to accept housing vouchers (Section 8) as a form of rent payment. Under federal Fair Housing Act, this policy:
- The Americans with Disabilities Act (ADA) primarily applies to:
Practice More Texas Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Texas Quiz →