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Tx Fair Housing DtpaFederal_and_texas_fair_housingMEDIUM

A property manager in Houston implements a policy requiring all tenants to provide a Social Security number to complete a rental application. A prospective tenant who is a lawful permanent resident but does not have a Social Security number is rejected. Under the Texas Fair Housing Act, what is the MOST likely legal analysis?

Correct Answer

A) The policy may constitute national origin discrimination because it disproportionately affects non-citizen applicants who are otherwise legally authorized to rent

Under the Texas Fair Housing Act and federal law, a policy requiring a Social Security number as an absolute condition of tenancy may constitute national origin discrimination under a disparate impact theory. While immigration status is not a protected class, policies that disproportionately exclude persons of certain national origins can violate fair housing law. HUD has issued guidance indicating that citizenship-related requirements may have a discriminatory effect based on national origin.

Answer Options
A
The policy may constitute national origin discrimination because it disproportionately affects non-citizen applicants who are otherwise legally authorized to rent
B
The policy is lawful because landlords may require identity verification documentation
C
The policy violates fair housing law only if the landlord also requires citizenship documentation
D
The policy is lawful because immigration status is not a protected class under the Fair Housing Act

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Related Topics & Key Terms

Key Terms:

fair_housingnational_origindisparate_impactssn_requirement

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