A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more
9/2/2016
/ Affordable Housing ,
Burden-Shifting ,
Causation ,
Discrimination ,
Dismissals ,
Disparate Impact ,
Fair Housing Act (FHA) ,
HUD ,
LIHTC ,
Pleading Standards ,
Race Discrimination ,
Texas Dept of Housing v Inclusive Communities ,
Title VII
A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more
9/1/2016
/ Affordable Housing ,
Discrimination ,
Dismissals ,
Disparate Impact ,
Disparate Treatment ,
Fair Housing Act (FHA) ,
Housing Discrimination ,
Housing Market ,
HUD ,
LIHTC ,
Race Discrimination ,
Residential Real Estate Market ,
Texas Dept of Housing v Inclusive Communities
A ruling last week by Massachusetts' highest state court demonstrates courts' vigorous examination of disparate impact housing claims in light of recent judicial guidance, as well as the type of proactive measures property...more
4/26/2016
/ Affordable Housing ,
Burden of Proof ,
Disparate Impact ,
Fair Housing Act (FHA) ,
HUD ,
MA Supreme Judicial Court ,
Race Discrimination ,
Risk Mitigation ,
SCOTUS ,
Texas Dept of Housing v Inclusive Communities ,
Title VII
Two industry trade associations whose members sell homeowners insurance have been granted leave to file an amended complaint in their lawsuit challenging the Fair Housing Act (FHA) disparate impact rule (Rule) adopted by the...more
The U.S. Department of Housing and Urban Development (HUD) issued new guidance on April 4, 2016, on the use of criminal conviction records by housing providers in screening applicants. The guidance advises housing providers...more
In a 5-4 decision today, the U.S. Supreme Court recognized that disparate-impact claims maintain adjudication viability under the Fair Housing Act (FHA). Justices Kennedy, Ginsberg, Breyer, Sotomayor, and Kagan provided the...more
The U.S. Supreme Court held today that disparate impact claims are cognizable under the Fair Housing Act (FHA), in a 5-4 opinion authored by Justice Kennedy. He was joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan....more
Last week, the U.S. Supreme Court heard oral argument in a case which questioned whether the Fair Housing Act (FHA) allows for a disparate impact theory of liability. The disparate impact theory of liability is one in which a...more
The U.S. Supreme Court recently heard oral argument in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.—the case presenting the issue of whether disparate impact claims are...more
A lawsuit was recently filed alleging that the U.S. Department of Treasury (Treasury) and Office of Comptroller of the Currency (OCC) perpetuated racial segregation in the City of Dallas in their administration of the Low...more