Law Commons^™

What’S Hud Got To Do With It?: How Hud’S Disparate Impact Rule May Save The Fair Housing Act’S Disparate Impact Standard, William F. Fuller

Fordham Law Review

Since 2011, the U.S. Supreme Court has granted certiorari three times on the question of whether disparate impact liability is cognizable under the Fair Housing Act (FHA). The first two times, the parties settled. The question is before the Court once again in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., and this time the parties seem unlikely to settle.

Disparate impact liability in the civil rights context entails liability for actions that have a discriminatory effect, regardless of an actor’s motive. Under the FHA, this can translate into liability for actions that make housing …

A Herculean Leap For The Hard Case Of Post-Acquisition Claims: Interpreting Fair Housing Act Section 3604(B) After Modesto, Mary Pennisi

Fordham Urban Law Journal

On October 8, 2009, Committee Concerning Community Improvement v. City of Modesto created a split in federal circuit courts over whether FHA § 3604(b) applies to discrimination that occupants suffer after acquiring their dwelling. The question is whether the FHA only applies to discrimination in acquiring their property or afterwards as well. This Note examines the split in federal circuit courts created by Modesto. Part I examines the history of the FHA and theories of statutory interpretation. Part II discusses the split in federal authority and both sides’ interpretative methodologies and rationales. . Part III.A maintains that meaning-based and intent-based …

Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson

Fordham Urban Law Journal

This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. Part I provides an overview of the current state of emotional harm cases. Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. Finally, suggestions are made about how to gather relevant psychological and medical information on the effects of …

Emotional Harm In Housing Discrimination Cases: A New Look At A Lingering Problem, Victor M. Goode, Conrad A. Johnson

Fordham Urban Law Journal

This Article explores relevant social science data and examines how it affects the analysis and understanding of evidence of emotional harm. Part I provides an overview of the current state of emotional harm cases. Part II discusses the issue of bias in the process of reviewing discrimination cases from the perspective of critical race theory and recent social science data. In Part III, this Article examines the cycles of ignorance that have contributed to an under-valuation of emotional harm in housing discrimination litigation. Finally, suggestions are made about how to gather relevant psychological and medical information on the effects of …

Developments In Housing Law And Reasonable Accommodations For New York City Residents With Disabilities, John P. Herrion

Fordham Urban Law Journal

This Essay examines the New York Human Rights Law, which prohibits discrimination in the sale or rental of a housing accommodation and provides persons with disabilities the right to request and receive reasonable accommodations from their housing providers. The Essay concludes that the recent interpretation of this law by New York City Commission on Human Rights Law is a move toward protecting the rights of persons with disabilities and removing unnecessary discrimination from their lives.

The Rights Of Unmarried Cohabiting Couples To Housing In New York, Matthew G. Connolly

Fordham Urban Law Journal

This Note examines the protections available to unmarried couples against housing discrimination under the marital status provision of the New York City and New York State Human Rights Laws. After a brief examnitation of cohabitation, this Note will review judicial and administrative construction of the Human Rights Law since its inception. This Note concludes by proposing that unwed couples be given the same protection as married couples under the marital status provision in the New York Human Rights Law. This proposition finds support in: (1) the statutory mandate that the Human Rights Law be liberally construed to accomplish its purspose, …

Civil Rights - Discrimination In Placement Of Low-Rent Housing- Statute's Requirement That Locality's Governing Body Agree To Cooperate With Hud Used As A Shield To Protect Suburbs From Integration By Low Income Blacks

Fordham Urban Law Journal

The constitutionality of certain sections of the National Housing Act that required a community to consent to the construction of federally assisted low income housing was challenged. The plaintiffs alleged that the consent requirement gave white suburbs the power to bar this construction resulting in limited low incoming housing offered in predominantly black areas. Plaintiffs proposed that a new agreement between the City of Cleveland and the Cuyahoga Metropolitan Housing Authority be reached that would better reflect low income housing needs. At trial, the court rejected the plaintiff's contentions and on remand, the court held that absent a rational basis, …