The Trainer — April 2014
Complying with HUD's Discriminatory Effects Standard
In this month’s feature, we discussed a recent HUD rule relating to the federal Fair Housing Act (FHA), which bans discrimination against applicants and residents on the basis of race, color, religion, sex, national origin, familial status, or disability. We explained how to comply with HUD’s rule by reviewing your site’s practices and policies to make sure they don’t unintentionally violate the FHA based on their “disparate impact” on a protected class.
QUIZ
QUESTION #1
A site owner or manager can violate the FHA only if he intentionally discriminates against an applicant or resident. True or false?
a. True.
b. False.
QUESTION #2
A site owner or manager who strictly follows HUD’s “two persons per bedroom” occupancy standard can’t face liability for housing discrimination. True or false?
a. True.
b. False.
QUESTION #3
The FHA protects domestic violence victims from housing discrimination, even though the law doesn’t specifically include them as a protected class. True or false?
a. True.
b. False.
QUESTION #4
A screening policy that excludes anyone with a criminal record may violate the FHA based on its disparate impact on racial minorities. True or false?
a. True.
b. False.
ANSWERS & EXPLANATIONS
QUESTION #1
Correct answer: b
False. A site owner may have a policy or practice that has a discriminatory effect on a protected class, despite having no intent to discriminate. And according to HUD, the FHA prohibits seemingly neutral housing policies or practices that have an unjustified discriminatory effect based on race, color, religion, sex, disability, familial status, or national origin.
QUESTION #2
Correct answer: b
False. In some situations occupancy standards may be so restrictive that they exclude families with children who, based on the home’s overall size and configuration, should be able to live there. So take a close look at your occupancy standards to ensure that they satisfy fair housing guidelines as well as state and local requirements. “Two persons per bedroom” is only HUD’s general rule of thumb, which is subject to exceptions based on other factors that could make it reasonable to allow more people to live in a particular unit.
QUESTION #3
Correct answer: a
True. According to HUD, domestic violence survivors may pursue a federal fair housing claim based on sex—a protected characteristic under the FHA—if they face housing discrimination because of their history or the acts of their abusers. Since statistics show that women are overwhelmingly the victims of domestic violence, HUD reasoned that discrimination against domestic violence survivors is almost always discrimination against women.
QUESTION #4
Correct answer: a
True. A screening policy that excludes anyone with a criminal record—without considering whether it’s an arrest or conviction, the severity of the offense, or how long ago it occurred—may fall under the scope of the disparate impact regulations. So be careful in using arrest, as opposed to conviction, records, and set reasonable limits about the age and type of criminal activity that would disqualify an applicant from living there. The more severe and recent the crime, the more likely it will be a bar to living at the site.