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Practice Of Real EstateFair_housingHARD

A Connecticut landlord owns a 20-unit apartment building. He has a policy of not renting to anyone who receives income from 'government assistance programs.' A prospective tenant whose sole income is veterans' pension benefits is denied. The tenant files a CHRO complaint. The landlord argues his policy is neutral because it applies to all government assistance programs equally, not just veterans. How should CHRO most likely analyze this complaint under Connecticut law?

Correct Answer

A) Find a violation based on both lawful source of income discrimination and potential veteran status discrimination, applying disparate impact and disparate treatment analysis

This scenario presents a sophisticated enforcement question. Connecticut's Fair Housing Act protects both lawful source of income and status as a veteran. A policy excluding all 'government assistance programs' is not truly neutral under Connecticut law because it directly excludes veterans' pension income (a lawful income source) and disproportionately impacts veterans (a protected class). CHRO would apply both disparate treatment analysis (the policy effectively excludes a protected class) and disparate impact analysis (even if unintentional, the policy disproportionately burdens protected classes). The landlord's 'equal application' argument does not insulate the policy from scrutiny when the policy's practical effect is to exclude protected classes without business necessity.

Answer Options
A
Find a violation based on both lawful source of income discrimination and potential veteran status discrimination, applying disparate impact and disparate treatment analysis
B
Dismiss the complaint because the policy is facially neutral and does not mention veteran status or income source explicitly
C
Defer to HUD because veterans' pension benefits are a federal program and federal law governs the complaint
D
Find a violation only if the tenant can prove the landlord's actual intent was to discriminate against veterans specifically

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Related Topics & Key Terms

Key Terms:

fair_housingenforcementdisparate_impactveteran_statuslawful_source_of_incomeCHROexpert_trap

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