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Supreme Court agrees to hear racial housing discrimination case

The Supreme Court agreed today to decide whether, under the Fair Housing Act, proof that a residential property practice had a disparate impact on a particular group suffices for a claim of discrimination, or whether challengers must prove instead intent to discriminate.

In the case, Township of Mount Holly v. Mount Holly Gardens Citizens in Action — which will be argued in the fall — African-American and Hispanic residents of a neighborhood pegged for demolition and redevelopment in Mount Holly, N.J., sued to block the project, saying it targeted a predominantly minority area.

As noted here , the housing act does not explicitly cover disparate impact claims, unlike other anti-discrimination laws.  The outcome could affect other laws as well, including one that prohibits discrimination in lending and is enforced by the Consumer Financial Protection Bureau.

 

 

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