Fair Housing

A West Virginia landlord who establishes a blanket policy of refusing to rent to anyone who has ever been convicted of any crime may face:

ANo consequences — landlords can refuse any applicant for any reason
BPotential fair housing liability if the policy has a disparate impact on a protected class✓ Correct
CImmediate license revocation by the WVREC
DCriminal prosecution under the WV Consumer Protection Act

Explanation

Blanket criminal record exclusion policies can have a disparate impact on racial minorities (who are disproportionately represented in the criminal justice system), potentially violating the Fair Housing Act under a disparate impact theory.

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