Section 46a-64c

Citation: Section 46a-64c
Parent Document: Commission on Human Rights & Opportunities v. Sullivan Associates, 250 Conn. 763 (1999)
Jurisdiction: Connecticut (state)
Effective Date: 1999-10-12
Original Source: https://www.courtlistener.com/opinion/7898215/commission-on-human-rights-oppo... ↗

Full Text

1,078 chars

In light of the nondiscriminatory purpose for which § 46a-64c was enacted, the defendant may not rely solely on section 8 eligibility as a basis for turning potential tenants away nor may it apply more stringent income requirements to section 8 rental applicants than to other rental applicants.36 Even if the defendant demonstrably treats all rental applicants the same, however, its facially neutral conduct is not sufficient to avoid liability under the statute if such neutral conduct has a disparate impact on potential section 8 reimbursement tenants. See Levy v. Commission on Human Rights & Opportunities, 236 Conn. 96, 103, 671 A.2d 349 (1996); see also Hazen Paper Co. v. Biggins, 507 U.S. 604, 609, 113 S. Ct. 1701, 123 L. Ed. 2d 338 (1993), citing Teamsters v. United States, 431 U.S. 324, 335-36 n.15, 97 S. Ct. 1843, 52 L. Ed. 2d 396 (1977). Indeed, the legislative exception for “insufficient income” can be *793read as defining and incorporating the “business necessity” defense that is contemplated by the disparate impact portion of our antidiscrimination law.

Other Sections in This Document (133)

Full Text