California Real Estate SalespersonPractice of Real Estate and DisclosuresHard
A landlord adopts a race-neutral policy requiring all rental applicants to have a minimum credit score of 750. Statistical evidence shows this policy disproportionately excludes applicants of a particular national origin, even though the policy was not intended to discriminate. This scenario illustrates which fair housing violation theory?
- ARedlining
- BDisparate impact
- CSteering
- DDisparate treatment
Show answer & explanationAnswer & explanation
Correct answer: B. Disparate impact
Disparate impact discrimination occurs when a facially neutral policy disproportionately harms a protected class, regardless of intent, and can violate fair housing law unless justified by a legitimate business necessity with no less discriminatory alternative.
Why the other options are wrong
- A. Redlining involves denying services based on geographic/racial composition of an area, not applicant screening criteria.
- C. Steering involves directing buyers/renters toward or away from areas based on protected class.
- D. Disparate treatment requires intentional discrimination, which is not indicated here.
Disparate Impact Discrimination
A facially neutral policy or practice that disproportionately affects a protected class can constitute unlawful discrimination even without discriminatory intent.
- No intent to discriminate required
- Statistical disproportionate effect is key evidence
- Landlord may defend with legitimate business necessity
Memory trick: Neutral rule, unequal result — that's impact, not intent.