Public and Affordable Housing

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July 1, 2015

In a decision issued on June 25, 2015, the United States Supreme Court ruled that the Fair Housing Act of 1968 (the FHA) prohibits unintentional, or “disparate,” discrimination as well as intentionally discriminatory practices. The case was decided in the context of disparate-income claims against a state agency administering the federal Low Income Housing Tax Credit (LIHTC) program. The Supreme Court’s opinion, while allowing FHA disparate-impact claims to proceed, also included cautionary language counseling lower courts against adjudicating disparate-impact claims in a manner that would discourage housing authorities and developers from engaging in housing development for low-income persons. The case will now return to the federal trial court for a determination, on the merits, of whether the LIHTC allocation decisions by the state housing agency constituted disparate-income discrimination. For more information, please read our client alert.

Client Alert
July 22, 2010

On July 21, 2010 President Obama signed H.R. 4173—the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Reform Act)—into law, which further expands and refines the Neighborhood Stabilization Program (NSP).

Client Alert