A property manager in Corvallis, Oregon screens rental applicants using a policy that automatically disqualifies anyone with any criminal conviction, regardless of the nature or age of the offense. A fair housing complaint is filed by an applicant who was denied. Under federal fair housing guidance, which protected class is most likely implicated by this blanket criminal history policy?
Correct Answer
A) Race, because a blanket criminal history exclusion may have a disproportionate disparate impact on racial minorities
HUD issued guidance in 2016 clarifying that blanket policies excluding all persons with criminal records from housing may violate the Fair Housing Act under a disparate impact theory based on race. Because arrest and incarceration rates are statistically disproportionate among racial minorities in the United States, a blanket criminal history exclusion — without individualized assessment of the nature, severity, and age of the offense — may have a discriminatory disparate impact on racial minorities. Landlords should conduct individualized assessments rather than applying blanket exclusions.
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Related Topics & Key Terms
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FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
A group boycott is an illegal antitrust practice in which two or more competing real estate businesses agree to refuse to work with a specific person, company, or entity in order to harm that party's ability to compete.
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