The outcome of an important case is due for oral argument with the United States Supreme Court beginning January 21, 2015. The case is entitled Texas Department of Housing and Community Affairs, et al, Petitioners v. The Inclusive Communities Project, Inc., Respondent.  It is awaited with anxiety and trepidation in many housing circles. 

According to Nadine Green, JD – also known as “The Fair Housing Lady,” the pending case concerns the implications of disparate impact liability  for housing providers.

Green says that “the impact of this decision will be huge, and the housing industry will either heave a great collective sigh of relief or begin to operate in a vastly different way.”

So, what is disparate impact liability?

Well, if you’re confused, you’re not alone. To help express the concern of the housing industry concerning this interpretation of the FHA guidelines, several housing organizations have joined together to file an amicus brief (friend of the court) to help the court understand their concern about the interpretation of these guidelines. These housing groups say that …”virtually every rule or policy that a housing provider adopts may have a disparate impact on one or more protected classes, even if housing providers have neither the intent to discriminate nor any understanding of how protected classes might be impacted by such a policy.”

Stay tuned to learn the outcome later this month. In the meantime, you can read a more detailed explanation of Ms. Green’s take on this issue at the link below, which contains a full download of the amicus brief. ##

http://www.mhpronews.com/home/featured-articles/january-2015/136-community-management-a-fair-housing-legal/8885-could-your-world-be-rocked

(Graphic Credit: Wikipedia)

Article submitted by Sandra Lane to – Daily Business News – MHProNews.