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ARTICLE · 24 AUGUST 2016

FHA Developments Could Affect Your Profitability

The U.S. Supreme Court recently issued a landmark decision in a case addressing the liability of housing providers under the Fair Housing Act (FHA).

United StatesReal Estate and Construction

The U.S. Supreme Court recently issued a landmark decision in a case addressing the liability of housing providers under the Fair Housing Act (FHA). The FHA prohibits discriminatory housing decisions based on race, color, national origin, religion, sex, disability or family status. Combined with some news out of the U.S. Department of Housing and Urban Development (HUD), the Court's ruling puts real estate owners, developers and property management companies at greater risk of litigation over housing discrimination.

The Supreme Court Case

The case involved low-income housing tax credits distributed by a Texas governmental agency. A not-for-profit organization that assists low-income families in obtaining affordable housing sued the agency for "disparate impact" discrimination under the FHA. The not-for-profit alleged that the agency had caused continued segregated housing patterns by allocating too many tax credits to housing in predominantly black, inner-city

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