Back in October, we reported on a crucial housing case that had the potential of reversing the long standing disparate impact theory in housing discrimination law. Housing advocates nationwide closely followed the case of the Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc . The fundamental issue was whether disparate impact claims can be brought under the Fair Housing Act. The disparate impact standard has helped in the fight against housing discrimination, by enabling plaintiffs prove discrimination by focusing on the disparate impact of discriminatory housing policies and practices. As our October report indicated, all U.S Appellate Courts have ruled on this issue and have held that the Fair Housing Act allows claims under a “disparate impact” theory. The case was scheduled to be heard before the US Supreme Court on December 4, 2013. However, lawyers from both sides reached a settlement ...
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