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ARTICLE · 11 NOVEMBER 2011

Supreme Court Docket Report - November 7, 2011

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The Fair Housing Act ("FHA") prohibits property owners and municipalities from blocking or impeding the provision of housing on the basis of race, color, religion, sex, familial status, or national origin.

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published November 7, 2011

Keywords: Fair Housing Act, FHA, rental properties, Housing Code

Fair Housing Act—Disparate Impact Claims

The Fair Housing Act ("FHA") prohibits property owners and municipalities from blocking or impeding the provision of housing on the basis of race, color, religion, sex, familial status, or national origin. 42 U.S.C. § 3604(a)-(b). Today the Supreme Court granted certiorari in Magner v. Gallagher, No. 10-1032, to decide whether disparate impact claims are cognizable under the FHA and, if so, what test applies.

The respondents, plaintiffs below, are owners and former owners of rental properties in St. Paul, Minnesota. They brought consolidated actions challenging the City of St. Paul's enforcement of its Housing Code. The suits alleged, among other things, that the City violated the FHA because aggressive enforcement of its Housing Code had a disparate impact on racial minorities.

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