Potential Weakening of Fair Housing Act

January 20, 2015 Discrimination

The U.S. Supreme Court is set to make a decision in a case that could weaken the protections under the Fair Housing Act.  What this means to the average person is this: as the law stands right now, virtually any practice a landlord uses that causes the landlord to provide housing to one group over another is considered discriminatory and the landlord can be sued successfully for it.  If this case’s decision comes down as expected, then the Supreme Court will effectively change the standard a tenant must prove from “impact” to “intent.”  Put simply, a tenant would need to show that the landlord not only utilized a practice that treated one group of people more favorably, but also that the landlord intended for the practice to treat one group of people more favorably.  Anyone who has been in a court case before can tell you that proving intent will make these cases much more difficult for tenants to prove.  More information via USA Today.