FHA Claims

Question 1

types of FHA Claims

Answer 1

1. Discriminatory Intent
2. Disparate Impact
3. Reasonable Accommodations
4. Harassment

Question 2

Disparate Impact - 3 pt. test

Answer 2

1. p shows policy has disparate impact on a protected class
2. D shows a legitimate business justification for the policy
3. P proves there is a less discriminatory alt, that still meets D interest

Question 3

Reasonable Accommodation

Answer 3

• Landlords cannot refuse a reasonable accommodation for disabled tenants
• Landlords must provide accommodations if it foes not cause undue burden

Question 4

Harassment - 3 pt. test

Answer 4

1. harassment of a protected class
2. harassment was severe or pervasive (regular)
3. landlord could be liable for the harassment or remaining willfully indifferent to it

Question 5

retaliation claims

Answer 5

even if the underlying discrimination claim fails, landlords cannot retaliate against a tenant for filing a complaint.

Question 6

discriminatory intent claims- 3 pt. test

Answer 6

1. plaintiffs prima facie case. member of a protected class, qualified to rent, and was rejected
2. D must show a legit non-discriminatory reason
3. P must show that the stated reason is false and the real reason was discrimination