News & Analysis as of

Fair Housing Act (FHA) Urban Planning & Development

Arnall Golden Gregory LLP

What the Supreme Court’s Loper Decision Means for the Affordable Housing Industry

Ending 40 years of judicial deference to administrative agencies’ interpretations of ambiguous statutes governing them, the Supreme Court of the United States finally pulled the plug on this experiment that it, just five...more

Farrell Fritz, P.C.

Zoning – Reasonable Accommodations Under the Fair Housing Act.

Farrell Fritz, P.C. on

Typically, zoning variances “run with the land”, and absent a specific time limitation, they continue until properly revoked. See, St. Onge v. Donovan, 71 NY2d 507, [1988]. As a result, variances cannot be made to apply only...more

Perkins Coie

Gentrification Not a Valid Basis For Fair Housing Act Claim

Perkins Coie on

A claim of disparate impact based on gentrification in predominantly minority communities is not cognizable under the Fair Housing Act. Crenshaw Subway Coalition v. City of Los Angeles, 75 Cal.App.5th 917 (2022). A...more

Allen Matkins

Sustainable Development and Land Use Update - April 2021 #2

Allen Matkins on

Biden administration to reinstate fair-housing policies, including one designed to combat residential segregation - MarketWatch – April 13 - The Biden administration commenced efforts to roll back changes to two key...more

Perkins Coie

2020 Land Use and Development Case Summaries

Perkins Coie on

Below are summaries of the key California and Ninth Circuit land use and development cases decided in 2020. Each case name is linked to our more extensive discussion of the case on the Land Use & Development Law Report. 1....more

Ballard Spahr LLP

New report offers toolkit for inclusionary housing programs

Ballard Spahr LLP on

The Lincoln Institute of Land Policy recently released “Inclusionary Housing: Creating and Maintaining Equitable Communities,” a new report on the use of government policies that tie the creation of affordable housing to...more

Cohen Seglias Pallas Greenhall & Furman PC

Disparate Impact is Here to Stay: What the Supreme Court's Decision Means for the Multi-Family Industry

On June 25, 2015, Justice Kennedy delivered the Supreme Court’s decision in Texas v. Inclusive Communities Project. In the case, the Court determined that the Fair Housing Act of 1968 includes disparate impact claims. Prior...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Affirms FHA Disparate Impact Claims

Late last month, the Supreme Court handed down a significant decision affecting rights and obligations under the Fair Housing Act. The Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive...more

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