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What does the term "disparate impact" refer to in housing law?

  1. Unequal treatment based on race

  2. Policies that affect one group more than others

  3. Intentional discrimination in leasing practices

  4. Direct expressiveness of personal preferences

The correct answer is: Policies that affect one group more than others

The term "disparate impact" in housing law refers to policies and practices that, while seemingly neutral, disproportionately affect a particular group more than others. This means that even if there is no explicit intent to discriminate, the outcome of such policies can lead to unequal effects on different racial, ethnic, or other protected groups. This concept is important because it acknowledges that discrimination can happen through practices that might appear fair on the surface but actually result in significant negative consequences for specific populations. Courts often examine evidence of disparate impact to determine whether a particular policy may violate fair housing laws, even in the absence of a clear intent to discriminate. Understanding this concept is crucial for leasing agents and anyone involved in housing to ensure they do not inadvertently implement policies that could lead to discriminatory outcomes, even if those policies were not intended to be discriminatory.