Fighting Hidden Discrimination: Disparate Impact Claims Under the Fair Housing Act
Sean Milford
Abstract
Open-access reader
Sean Milford
Abstract
Open-access reader
This Note will provide a brief overview of the history of disparate impact claims under the FHA and outline why they are an important tool in fighting housing discrimination in the United States. The ruling of the Third Circuit preserves this important tool and will help to protect minority homeowners from future discriminatory redevelopment of their neighborhoods. The parties settled this case on November 13, 2013, before the Supreme Court could rule on its merits. Should the Supreme Court hold in a future case that disparate impact claims are not cognizable under the FHA the Court would strike a serious blow against homeowners fighting to preserve and redevelop their neighborhoods and towns.
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This Note will provide a brief overview of the history of disparate impact claims under the FHA and outline why they are an important tool in fighting housing discrimination in the United States. The ruling of the Third Circuit preserves this important tool and will help to protect minority homeowners from future discriminatory redevelopment of their neighborhoods. The parties settled this case on November 13, 2013, before the Supreme Court could rule on its merits. Should the Supreme Court hold in a future case that disparate impact claims are not cognizable under the FHA the Court would strike a serious blow against homeowners fighting to preserve and redevelop their neighborhoods and towns.
Key concepts: Fair Housing Act, Disparate impact, Prima facie, Redevelopment, Housing discrimination, Affirmative action, Plan (archaeology), Law