Supreme Court rules 5–4 to uphold disparate impact standard
In a tight decision this morning, the Supreme Court affirmed that the Fair Housing Act prohibits not only acts of intentional discrimination but also practices with an unjustified discriminatory effect, regardless of whether there was an intent to discriminate. If the ruling had gone the other way, it would have overturned HUD's 2013 discriminatory effects final rule.
Today HUD Secretary Julián Castro released the following statement about the Supreme Court ruling:
Today is another important step in the long march toward fulfilling one of our nation’s founding ideals: equal opportunity for all Americans. The Supreme Court has made it clear that HUD can continue to use this critical tool to eliminate the unfair barriers that have deferred and derailed too many dreams. Working with our partners on the ground, we will continue to do all we can to build a housing market that treats all Americans with basic dignity and respect.
Do you have concerns about whether or not your agency is compliant with federal fair housing law? Nan McKay and Associates can help. Contact sales@nanmckay.com for more information.