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disparate impact

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Housing Equity in Limbo—Why Hasn’t Biden Finalized an Update to AFFH?

Last year it seemed like a new Affirmatively Furthering Fair Housing rule was imminent, but it never happened. And now it's late enough in the term that if it were finalized, next year's Congress could invalidate it.

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Could This Supreme Court Ruling Affect Fair Housing?

Experts on housing law discuss the potential repercussions of a recent Supreme Court decision that struck down the EPA’s authority in limiting greenhouse gas emissions. Could conservative judges apply the same rationale to limit HUD’s authority?

Two men sitting on steps of real estate office protesting discrimination in housing
Housing

Trump Administration Takes Giant Step Backward on Racial Equality

A HUD proposal virtually eliminates the long-standing disparate impact doctrine and would leave more families vulnerable to housing discrimination.

Housing

English Required for a Mortgage?

Language barriers pose an obstacle to fair access to credit, but this population is overlooked in fair credit discussions.

Housing

A Clear SCOTUS Statement on Disparate Impact and AFFH

The importance of the disparate impact principle is clear. In today’s world, few with biases wear those biases on their sleeves

Housing

Disparate Impact: A Texan’s Perspective

It’s important to remember, as Texas Department of Housing and Community Affairs v. The Inclusive Communities Project reaches the Supreme Court of the United States later this month, the actual people who bear the brunt of Texas’ history of housing discrimination. As Alan Jenkins’ earlier post on Rooflines points out, on January 21 the Supreme […]

Organizing

There’s Really No Argument Against Disparate Impact

When a housing policy has the effect of perpetuating racial exclusion, and that policy is unnecessary or unjustified, it must be set aside or changed under the Fair Housing Act, whether or not the politicians who passed it were intentionally focused on racial discrimination. But now, that important principle is at risk.

Housing

Effects Matter: Disparate Impact Standard for Fair Housing Ratified

Fair housing advocates celebrated a major milestone last month when HUD issued final regulations ratifying that “disparate impact analysis” can in fact be used to assess compliance with the federal […]