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A Georgia apartment complex has a policy of conducting criminal background checks on all applicants. An applicant with a disability-related arrest record from several years ago is denied housing. Under fair housing laws, what consideration is required?

Correct Answer

B) The policy must consider the nature, severity, and recency of criminal history and its relationship to tenancy

Under HUD guidance and fair housing principles, criminal background policies must consider factors like nature, severity, recency of offenses, and relationship to successful tenancy. Blanket bans may have disparate impact on protected classes including those with disabilities. A is too broad. C is incorrect as criminal checks aren't prohibited entirely. D is incorrect as a complete prohibition isn't required, but careful consideration is needed.

Answer Options
A
Criminal history policies can never consider disability-related arrests
B
The policy must consider the nature, severity, and recency of criminal history and its relationship to tenancy
C
All criminal background checks are prohibited under fair housing laws
D
Disability-related arrests must be completely ignored in screening decisions

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Related Topics & Key Terms

Key Terms:

criminal_backgrounddisabilityscreening_policiesdisparate_impact

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