August 2023 Coach's Quiz

COACH’S ANSWERS & EXPLANATIONS

QUESTION #1

Correct answer: b

Reason: Using the video to promote the community is an example of #6:

6. Discriminatory Use of Human Models

It’s okay to use human models in ads as long as you don’t send veiled messages about the race, color, and other protected characteristics of the people who should rent from you. Because the manager’s video shows only white tenants, it suggests that you don’t welcome persons of other races and colors. While this isn’t definitive proof of discrimination, the community still shouldn’t use the footage in its ads and marketing materials, unless it defuses the liability risks by accompanying the footage with additional images showing the other non-white attendees. So, b. is the correct answer.

Wrong answers explained:

a. is wrong because the rules for discriminatory use of models apply regardless of whether the individuals shown are models or real tenants, or for that matter, real people as opposed to drawings or other graphic representations.  

c. is wrong because the rules on discriminatory advertising apply to just about any content used to promote a community, including on social media and community websites.

QUESTION #2

Correct answer: c

Reason: The no-student policy is an example of #2:

2. Policies that Look Neutral But Have a Discriminatory Impact

Being a student isn’t a protected characteristic under the FHA. Moreover, the no-student policy applies to all students regardless of race and other protected characteristics. However, there’s one other key factor to consider—namely, that the only school in the town is an all-Black college. Accordingly, the no-student policy has a disparate impact on Black renters. Result: The advocacy organization would likely have a prima facie case for discrimination and c. is the right answer. Note: This doesn’t necessarily mean the apartment community is guilty. What it does mean is that the burden would shift to the community to show that the policy serves a legitimate, nondiscriminatory purpose and is the least discriminatory possible way to achieve that purpose.

Wrong answers explained:

a. is wrong because policies that are neutral on their face may still be discriminatory if they have the effect of excluding people of certain races. This is true even if the discriminatory effect is inadvertent and unintentional. At the end of the day, racial discrimination banned by the FHA includes not just racism and deliberate exclusion but also well-intentioned acts that have the effect of perpetuating exclusion and segregation.

b. is arguably a correct statement but the wrong answer to this question. Making noise, damaging property, and not paying rent are all legitimate, nondiscriminatory reasons not to rent to a person. And the apartment community in this scenario could make a strong argument that assuming students will be noisy, destructive, and financially unreliable is based on actual experience and not just a stereotype. However, a neutral policy with discriminatory effects may still be illegal even when it serves a legitimate purpose. The inquiry would become whether the community could find a less discriminatory way to solve its problems with students. Rather than automatically banning all students, maybe the community could tighten its financial eligibility requirements and noise and property damage policies.