News and Resources

The Fair Housing Act, Disparate Impact Claims, and Magner v. Gallagher

Kirk D. Jensen & Jeffrey P. Naimon

February 1, 2012

The authors discuss the text of the Fair Housing Act, its legislative history, and the past federal appellate court decisions holding that the FHA permits disparate impact claims. They argue that recent Supreme Court decisions cast doubht on the past federal appellate court decisions, and show that the statutory text of the FHA, unlike the text of some other civil rights laws, does not permit disparate impact claims. They also discuss the case currently pending before the Court in which the Court may address for the first time whether the FHA permits disparate impact claims.