Fair Housing Disparate Impact Update - HUD Regulations
Liability under the Fair Housing Act can be established based on discriminatory impact, even without discriminatory intent. Disparate Impact involves policies or practices having a disproportional adverse effect on protected classes. Learn about disparate impact cases, elements of proving discriminatory impact, and examples of such situations.
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Presentation Transcript
Fair Housing Disparate Impact HUD Regulations Update
Liability may be established under the Fair Housing Act based on a specific policy s or practice's discriminatory effect on a member of a protected class under the Fair Housing Act even if the practice was not motivated by a discriminatory intent. What is Disparate Impact?
1. Challenged policy or practice is arbitrary, artificial, and unnecessary to achieve a valid interest or legitimate objective such as a practical business, profit, policy consideration, or requirement of law What does a disparate impact case include? 2. Challenged policy or practice has a disproportionately adverse effect on members of a protected class There is a robust causal link between the challenged policy or practice & the adverse effect on members of a protected class (the specific policy or practice is the direct cause of the discriminatory practice) The alleged disparity caused by the policy or practice is significant There is a direct relation between the injury asserted & the injurious conduct 3. 4. 5.
Initial Pleading Preponderance of evidence Plaintiff Valid interest Not arbitrary, artificial & unnecessary Defendant Not valid interest Less discriminatory Equally effective w/o greater costs/burdens Plaintiff
Disparate Impact Examples College students Cooking with curry Only tenants with full time jobs Minimum credit scores
