WASHINGTON (6/25/15)--The U.S. Supreme Court decided 5-4 this morning to uphold a concept known as “disparate impact." Disparate impact allows statistics to be used to establish claims of discrimination without proving intent to discriminate, and the court’s decision found that the Fair Housing Act applies to such claims.
While CUNA supports compliance with all fair lending and housing laws, it has concerns that lenders and property owners that take every step to prevent discrimination and treat consumers fairly and equally could still be subject to discrimination claims.
CUNA has supported an amendment to the Transportation, Housing and Urban Development and Related Agencies Appropriations Act for Fiscal Year 2016 (H.R. 2577) that would prohibit the Department of Housing and Urban Development from using its funds to implement, administer or enforce the disparate impact concepts. This legislation passed the House by a 216-210 vote in early June.
The case is titled Texas Department of Housing and Community Affairs v. Inclusive Community Project, Inc.