The U.S. Supreme Court has agreed to resolve a case that could end the use of disparate impact in fair housing evaluation.
Disparate impact allows plaintiffs bringing a complaint over an alleged discriminatory housing practice to rely on statistical analysis and show a policy or law has a disproportionately adverse effect for minorities. This method, generally opposed by lenders, allows plaintiffs to show discrimination without proving intent.
The Department of Justice has used disparate impact claims under the Fair Housing Act to go after banks and lenders for racially discriminatory lending practices, particularly during the sub-prime mortgage boom and bust.
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