Housing Plus blogger Sharon Wilson Géno will moderate a panel – Disparate Impact: How the Supreme Court is Reshaping Affordable Housing Policy in TDHCA v. The Inclusive Communities Project, Inc. – on July 16 at the National Housing & Rehabilitation Association’s Summer Institute conference. She previews the panel discussion below.
It’s hard to disagree with the ideals that lead to the passage of the Fair Housing Act in 1968 – that it should be illegal for housing providers to discriminate based on race, color, religion, national origin, sex, familial status or handicap. This principle seems fundamental to our Constitution and American society.
So why some almost 50 years later are housers and courts still grappling with what is and what is not unlawful discrimination under the Fair Housing Act? Interpreting the legal language of the Fair Housing Act has, in fact, proved challenging in practice. Intentional discrimination against members of the protected classes is clearly prohibited without a doubt, courts have struggled for years with whether a housing policy or decision that is not intentional but has a disparate impact on a protected class is also illegal and, if so, what constitute appropriate standards of proof. In addition, recipients of HUD funds and the Department itself have struggled with what they need to do to “affirmatively further fair housing” as the Fair Housing Act also requires.
Fair Housing has been a hot topic over the last few weeks as the Supreme Court issued its 5-4 decision in in TDHCA v. ICP, Inc.
The U.S. Supreme Court held that disparate impact claims are viable and HUD issued a rule interpreting the Fair Housing Act provisions regarding affirmatively furthering fair housing providing interpretive guidance for the first time.
Tomorrow, I will be moderating a panel at the National Association of Housing and Redevelopment Associations Summer conference that will explore the implications of these recent event for affordable housing lenders, investors, and developers. Joining me in this discussion are representatives from HUD, investors and developers to discuss how the legal interpretation of the Fair Housing Act will change moving forward.
The panel will explore how the Supreme Court decision will impact the perspectives and policies used to evaluate housing opportunities in our diverse community landscapes. It will also discuss the interplay between the Supreme Court decision and the AFFH rule and what risks they pose to housers. We will be sure to provide the key take aways of the discussion.