Fair Housing
A West Virginia community wants to establish an assisted living facility for persons with mental illness. Neighbors petition to block it citing safety concerns. Under the Fair Housing Act:
ANeighbors can legally block the facility based on safety concerns
BThe community may be engaging in illegal discrimination against a protected class (handicap)✓ Correct
COnly HUD may establish such facilities, not private operators
DThe FHA does not cover assisted living facilities
Explanation
The Fair Housing Act protects persons with mental disabilities (handicap). Using neighbor opposition to block a facility serving this protected class — without a legitimate, nondiscriminatory basis — may constitute illegal discrimination under the FHA.
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