After careful consideration of the submissions of the parties and the intervenors (a summary of the submissions of the intervenors is at Appendix 1) and review of the extensive evidence presented to the Board, we have decided that the respondents’ use of income criteria to exclude the complainants from housing in their respective buildings constitutes adverse effect or constructive discrimination. The Commission and complainants’ evidence established a prima facie case for each complainant. The evidence was clear that the use of income criteria is not a valid predictor of default. There was substantial evidence that the use of the criteria disproportionately excludes groups protected by the Code from rental housing. Once the Commission had proven a prima facie case, the respondents had to prove that the use of the income criteria was reasonable and bona fide and result in undue hardship to the respondents if they were required to accommodate the complainants. The respondents failed to put forth evidence before the Board to discharge this onus. There was simply no evidence to support a finding that the use of income criteria in the selection of tenants is reasonable and bona fide. We find that the use of income criteria to select tenants violates the Code, whether it is used by itself or in conjunction with other selection criteria.