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Disparate Impact

Disparate Impact

Issue Overview

Disparate impact liability occurs when a business practice or policy has a disproportionately adverse effect on a protected class under the Fair Housing Act, regardless of whether the discrimination was intentional.

As an Owner or Operator, How Does this Affect My Business?

At issue for apartment owners and managers is that seemingly neutral and common business policies, such as occupancy limitations, criminal background screening and Section 8 voucher policies, among others, could trigger discrimination claims despite no intention of singling out a particular group for adverse treatment.