Commentary: Will HUD’s Disparate Impact Rule Have Say in Ratemaking?

By Susan T. Stead and Lawrence H. Mirel | April 10, 2013

  • April 10, 2013 at 10:40 pm
    Roger Clegg says:
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    There’s a good argument to be made that the Fair Housing Act does NOT allow disparate-impact causes of action (and so the new HUD regs are invalid). A cert petition is pending before the Supreme Court that presents this issue, out of Mt. Holly, New Jersey. The Pacific Legal Foundation and Center for Equal Opportunity filed an amicus brief, urging the Court to take the case; an earlier brief they filed with the Court on a similar issue in a case called Magner v. Gallagher gives a more detailed discussion. Here’s hoping the Supreme Court puts an end to this nonsense!



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