(B) Income level (other than whether or not the level is below a threshold as required by local or federal law), a credit score, or the lack of credit score, unless such consideration of a credit score or the lack of credit score is required by federal law; or
(C) Any credit issues that arose during a period in which the prospective tenant did not have an income-based housing subsidy if the housing provider could reasonably have known the date of receipt.
(2) There shall be a rebuttable presumption that an unlawful discriminatory practice has occurred if the prospective tenant seeks to pay rent with an income-based housing subsidy and:
(A) The housing provider charges the prospective tenant any mandatory fees or deposits that the housing provider would not require to be paid by a similarly situated prospective tenant who does not seek to pay rent with an income-based housing subsidy; or
(B) The housing provider charges a greater amount of rent to the prospective tenant than it would charge to a prospective tenant who does not have an income-based housing subsidy.
(3) For purposes of this subsection, the term "income-based housing subsidy" means recurring monetary assistance to a housing provider from the federal government or District government that is intended to defray in whole or in part the tenant's rental obligation.
(h) Sealed eviction records. —
(1) It shall be an unlawful discriminatory practice to do any of the acts prohibited in subsection (a) or subsection (b) of this section based on information contained within a sealed eviction record or the actual knowledge or belief that a person has a sealed eviction record.