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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
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 …