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View Full Version : SCOTUS to Hear Arguments On Fair Housing ‘Disparate Impact’ Rule on Jan. 21




NACBA
01-06-2015, 07:56 AM
The U.S. Supreme Court is scheduled to begin hearing arguments on January 21 on whether or not "disparate impact" claims are allowed under the Fair Housing Act of 1968.

For years, lower courts have repeatedly ruled in favor of groups bringing disparate impact claims, which are allegations made based on neutral practices that may have a discriminatory effect – thus allowing litigation to be brought for discrimination even when there is no discriminatory intent. The Obama Administration, specifically the U.S. Department of Housing and Urban Development (HUD), passed the Disparate Impact Rule for housing in February 2013, which has resulted in several multi-million dollar settlements against lenders such as Bank of America, Wells Fargo, and others.

The Supreme Court was scheduled to hear cases that involved disparate impact claims in both 2011 and 2013, but both cases were settled before they could be heard by the Court.

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