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There have been calls for HUD to use disparate impact as a measure of housing discrimination. HUD's disparate impact rule was strengthened in 2013 and upheld in a court case in 2015. However, in 2020, HUD issued its final disparate impact rule, which shifted the burden of proof of discrimination to the victims of housing discrimination. [18]
[7] Both the District Court and the United States Court of Appeals for the Fifth Circuit ruled in favor of the Inclusive Communities Project, holding that disparate impact claims are cognizable under the Fair Housing Act. [8] The Texas Department of Housing and Community then appealed to the Supreme Court of the United States. [9]
The disparate impact theory has application also in the housing context under Title VIII of the Civil Rights Act of 1968, also known as the Fair Housing Act. The ten federal appellate courts that have addressed the issue have all determined that one may establish a Fair Housing Act violation through the disparate impact theory of liability.
The Office of Fair Housing and Equal Opportunity (FHEO) is an agency within the United States Department of Housing and Urban Development.FHEO is responsible for administering and enforcing federal fair housing laws and establishing policies that make sure all Americans have equal access to the housing of their choice.
This disparate treatment of a person on the housing market can be based on group characteristics or on the place where a person lives. [ 1 ] The most straightforward form of housing discrimination involves a landlord who rejects offers from potential tenants based on factors such as race , age , gender , marital status , source of funding, [ 2 ...
The alternative to a "disparate treatment" theory is a "disparate impact" theory. A disparate impact violation is when an employer is shown to have used a specific employment practice, neutral on its face but that caused a substantial adverse impact to a protected group, and cannot be justified as serving a legitimate business goal for the ...
Affirmatively Furthering Fair Housing (AFFH) is a provision of the 1968 federal Fair Housing Act [1] signed into law by President Lyndon B. Johnson.The law requires that "All executive departments and agencies shall administer their programs and activities relating to housing and urban development (including any Federal agency having regulatory or supervisory authority over financial ...
Metropolitan Housing Development Corp, 429 U.S. 252 (1977), was a case heard by the Supreme Court of the United States dealing with a zoning ordinance that in a practical way barred families of various socio-economic, and ethno-racial backgrounds from residing in a neighborhood. The Court held that the ordinance was constitutional because there ...