July 2013 Special Issue Coach's Quiz
We’ve suggested four rules for complying with HUD’s discriminatory effects standard. Now let’s look at how the rules might apply in the real world. Take the COACH’s Quiz to see what you’ve learned.
INSTRUCTIONS: Each of the following questions has only one correct answer. On a separate piece of paper, write down the number of each question, followed by the answer you think is correct—for example, (1) b, (2) a, and so on. The correct answers (with explanations) follow the quiz. Good luck!
Communities may be liable for violating federal fair housing law only if they intentionally discriminate based on race, color, religion, national origin, sex, familial status, or disability. True or false?
Federal fair housing law permits communities to adopt reasonable occupancy policies, but you could face a discrimination complaint for enforcing overly restrictive occupancy standards that have the effect of excluding families with children. True or false?
A female applicant discloses that she was evicted from a previous residence because of domestic disturbances and property damage caused by her ex-boyfriend. She says that she’s no longer involved with him, but you’re concerned that they may reconcile and cause similar problems at your community. If you reject her application, you could trigger a fair housing complaint. True or false?
Communities have a legitimate interest in protecting resident safety, but you could trigger a fair housing complaint for enforcing a policy to exclude all applicants who have any kind of criminal record. True or false?
COACH’S ANSWERS & EXPLANATIONS
Correct answer: b
According to HUD’s new discriminatory effects regulations, communities may be liable for violating the FHA for housing practices that have an unjustified discriminatory effect on protected classes, regardless of whether there was an intent to discriminate.
Correct answer: a
Reason: Rule #1 applies here:
Rule #1: Review Your Occupancy Standards
Although communities are free to adopt reasonable occupancy standards, courts and HUD have long agreed that the FHA prohibits the use of overly restrictive occupancy standards that effectively prevent families with children from living there.
Correct answer: a
Reason: Rule #2 applies here:
Rule #2: Review Policies Affecting Victims of Domestic Violence
HUD has said that domestic violence survivors may pursue a federal fair housing claim based on sex 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.
Correct answer: a
Reason: Rule # 3 applies here:
Rule #3: Review Policies on Criminal Background Screening
Many have raised questions about the disparate effect of exclusionary criminal records policies on racial and ethnic minorities. Despite substantial, legitimate, nondiscriminatory interests in protecting resident safety, communities could face a fair housing complaint based on overly broad criminal background policies that exclude 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.
See The Lesson For This Quiz
|What You Should Know About HUD's New Discriminatory Effects Regulations|