Fair Housing

Disparate impact in fair housing means a policy is discriminatory if:

AIt was intended to discriminate against a protected class
BIt has a disproportionate adverse effect on a protected class, even if not intentionally discriminatory✓ Correct
CIt was applied differently to different individuals
DIt results in different rent levels in different neighborhoods

Explanation

Disparate impact theory holds that a facially neutral policy can be illegal under fair housing law if it has a disproportionate adverse effect on a protected class and lacks a legitimate business justification. The U.S. Supreme Court recognized disparate impact claims under the FHA in Texas Dept. of Housing v. Inclusive Communities.

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