If Housing Secretary Ben Carson has his way, it will be virtually impossible to fight the unjustified policies that disproportionately bar people of color from obtaining housing.
Under the Trump administration, the government agency that is supposed to help Americans with their housing needs wants to torpedo discrimination claims.of a proposal by the Department of Housing and Urban Development to modify one of the most important and effective enforcement tools of the Fair Housing Act: the disparate impact standard. This mechanism prohibits unjustified policies and practices that disproportionately bar people of color and other marginalized groups from obtaining housing.
We braced ourselves for the loss of the disparate impact standard in 2015, but to our great relief, in, Justice Anthony Kennedy wrote a resounding majority opinion giving claims under it the Supreme Court's stamp of approval and highlighting the need for continued action to address the harms of residential racial segregation.
If finalized, Carson's proposal would convert the longstanding responsibility of housing providers and other defendants to provide a justification for their policies into a requirement forcing victims of discrimination to predict the rationales for defendants' actions and debunk them. There is no language in Kennedy's opinion inAs a society, we cannot afford to weaken the Fair Housing Act.
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