On June 25th, the U.S. Supreme Court ruled that the Fair Housing Act (FHA) permits claims of discrimination based on disparate impact.  Put differently, a claim of discrimination based, for example, on race can give rise to liability regardless of the lender’s intent.  To succeed with a disparate impact claim under the FHA, the claimant must show that the statistical disparity exists, identify one or more policies of the lender that are the source of the disparity, and – if the lender successfully demonstrates the legitimacy of the policies, identify a less discriminatory alternative to achieving the lender’s legitimate objectives.

June 30th, 2015|