Thomas J. Noto

Thomas J. Noto

Morrison & Foerster LLP

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Latest Posts › Disparate Impact


Disparate Impact Doctrine Survives Supreme Court Review

After years of debate and false starts, the Supreme Court has held that the Fair Housing Act (“FHA”) permits disparate impact claims. In Texas Department of Housing and Community Affairs v. Inclusive Communities Project,...more

6/27/2015 - ADEA Affordable Housing Discrimination Disparate Impact Fair Housing Act (FHA) HUD SCOTUS Texas Dept of Housing v Inclusive Communities Title VII

D.C. Court Strikes Down HUD Disparate Impact Rule

The District Court of the District of Columbia has issued a decisive order vacating HUD’s 2013 Fair Housing Act disparate impact rule. The rule, as we’ve discussed, has always been based on a shaky legal foundation, but is...more

11/10/2014 - Discrimination Disparate Impact DOJ Fair Housing Act (FHA) Fair Lending HUD

Supreme Court Takes Up Landmark Disparate Impact Case, Again, Over U.S. Objections

On June 17, 2013, the Supreme Court granted certiorari in Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., No. 11-1507, to decide whether disparate impact claims are cognizable under the Fair Housing Act (“FHA”). It...more

6/20/2013 - Certiorari Discrimination Disparate Impact Eminent Domain Fair Housing Act (FHA) HUD Mount Holly v Mt. Holly Citizens in Action Redevelopment SCOTUS

HUD Issues Aggressive New Fair Housing Rule

The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule — which it plans to apply retroactively — is simply a codification of its...more

2/13/2013 - Burden of Proof Burden-Shifting Business Justification Discriminatory Effects Rule Disparate Impact Fair Housing Act (FHA) HUD

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