• NY Apartment Law
  • Fair & Affordable Housing
  • Commercial Lease Law
  • Guidebooks
  • Archives
  • Protected Classes
  • Management Issues
  • eAlerts
  • Resources
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • NY Apartment Law
  • New York Apartment Law Insider
  • New York Landlord V. Tenant
  • Co-Op & Condo Case Law Digest
  • New York Rent Regulation Checklist, Fourth Edition
  • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
  • Fair Housing Coach
  • Assisted Housing Management Insider
  • Tax Credit Housing Management Insider
  • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
  • Commercial Lease Law Insider
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses: Tenant's Edition
  • Best Commercial Lease Clauses, 17/e
  • Best Commercial Lease Clauses, 17/e
  • Protected Classes
  • All Protected Classes
  • Disability
  • Familial Status/Age
  • Race/Color/National Origin
  • Religion
  • Sex/Sexual Orientation
  • Other Classes
  • Management Issues
  • Accommodations
  • Advertising/Applications
  • Complaints/Investigations
  • Employees/Contractors
  • Eviction
  • Leasing
  • Other Issues
  • eAlerts
  • Cases and Settlements
  • HUD News
  • Reports & Studies
  • Other
  • Resources
  • Fair Housing Coach Resources
May 11, 2025
We use cookies to provide you with a better experience. By continuing to browse the site you are agreeing to our use of cookies in accordance with our Cookie Policy.
The Habitat Group Logo
  • NY Apartment Law
    • New York Apartment Law Insider
    • New York Landlord V. Tenant
    • Co-Op & Condo Case Law Digest
    • New York Rent Regulation Checklist, Fourth Edition
    • 2025 New York City Apartment Management Checklist
  • Fair & Affordable Housing
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • Tax Credit Housing Management Insider
    • Fair Housing Boot Camp. Basic Training For New Hires
  • Commercial Lease Law
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses, 17/e
    • Best Commercial Lease Clauses: Tenant's Edition
  • Guidebooks
  • May 11, 2025
  • Log In
  • Log Out
  • My Account
  • Subscribe
  • May 11, 2025
FHC Logo.webp
  • Archives
  • Protected Classes
    • All Protected Classes
    • Disability
    • Familial Status/Age
    • Race/Color/National Origin
    • Religion
    • Sex/Sexual Orientation
    • Other Classes
  • Management Issues
    • Accommodations
    • Advertising/Applications
    • Complaints/Investigations
    • Employees/Contractors
    • Eviction
    • Leasing
    • Other Issues
  • eAlerts
    • Cases and Settlements
    • HUD News
    • Reports & Studies
    • Other
  • Resources
    • Fair Housing Coach Resources
Free Issue
The Habitat Group Logo
May 11, 2025
  • Log In
  • Log Out
  • My Account
Home » High-Profile Fair Housing Case Settled

High-Profile Fair Housing Case Settled

Nov 14, 2013

Officials in a New Jersey township have voted to approve a settlement in a controversial fair housing case, only weeks before the U.S. Supreme Court was due to hear arguments in the case, according to news reports.

At issue is whether the Fair Housing Act (FHA) bans discrimination based on disparate impact—that is, practices that have a discriminatory effect on protected classes, even if there’s no intent to discriminate.

The law clearly bans intentional discrimination, but there’s an ongoing debate over whether the FHA also bans policies, which are not intentionally discriminatory, but have an unfair negative effect on racial minorities or other protected classes. Although courts across the country have recognized such claims, the high court had never ruled on the issue.

The developments in the New Jersey case mark the second time in as many years that a dispute involving the issue was resolved just as the Supreme Court was poised to consider the appeal. Last year, the parties to a Minnesota case agreed to withdraw an appeal only weeks before the Supreme Court was scheduled to hear oral arguments. In the New Jersey case, the settlement comes less than a month before oral arguments, scheduled for Dec. 4.

Until the Supreme Court ultimately resolves the issue, housing providers and other entities subject to the FHA must abide by HUD’s discriminatory effects regulations issued earlier this year. HUD says the new rule doesn’t create new law, noting that it has long interpreted the FHA to prohibit seemingly neutral housing practices with an unjustified discriminatory effect based on race, color, religion, sex, handicap, familial status, or national origin.

For more information, see the July 2013 Special Issue of Fair Housing Coach, “HUD’s New Discriminatory Effects Regulations—What Are They and How Will They Affect My Community?”, available to subscribers here.

Cases and Settlements
    • Related Articles

      Will High Court Overturn Decades of Fair Housing Law?

      Seattle Developers Settle Fair Housing Case

      Fair Housing Case Pulled Off Supreme Court Docket

    • Publications
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Co-op & Condo Case Law Tracker Digest
      • Fair Housing Coach
      • New York Apartment Law Insider
      • New York Landlord v. Tenant
      • Tax Credit Housing Management Insider
    • Additional Links
      • Contact Us
      • Advertise
      • Group Subscriptions
      • Privacy Policy
    • Boards of Advisors
      • Assisted Housing Management Insider
      • Commercial Lease Law Insider
      • Fair Housing Coach
      • New York Apartment Law Insider
      • Tax Credit Housing Management Insider
    ©2025. All Rights Reserved. Content: The Habitat Group. CMS, Hosting & Web Development: ePublishing
    The Habitat Group Logo
    • NY Apartment Law
      • New York Apartment Law Insider
      • New York Landlord V. Tenant
      • Co-Op & Condo Case Law Digest
      • New York Rent Regulation Checklist, Fourth Edition
      • 2025 New York City Apartment Management Checklist
    • Fair & Affordable Housing
      • Fair Housing Coach
      • Assisted Housing Management Insider
      • Tax Credit Housing Management Insider
      • Fair Housing Boot Camp. Basic Training For New Hires
    • Commercial Lease Law
      • Commercial Lease Law Insider
      • Best Commercial Lease Clauses, 17/e
        • Best Commercial Lease Clauses, 17/e
      • Best Commercial Lease Clauses: Tenant's Edition
    • Guidebooks
    • May 11, 2025
    • Log In
    • Log Out
    • My Account
    • Subscribe
    • May 11, 2025
    FHC Logo.webp
    • Archives
    • Protected Classes
      • All Protected Classes
      • Disability
      • Familial Status/Age
      • Race/Color/National Origin
      • Religion
      • Sex/Sexual Orientation
      • Other Classes
    • Management Issues
      • Accommodations
      • Advertising/Applications
      • Complaints/Investigations
      • Employees/Contractors
      • Eviction
      • Leasing
      • Other Issues
    • eAlerts
      • Cases and Settlements
      • HUD News
      • Reports & Studies
      • Other
    • Resources
      • Fair Housing Coach Resources
    Free Issue
    The Habitat Group Logo
    May 11, 2025
    • Log In
    • Log Out
    • My Account