U.S. Chamber urges Supreme Court to reverse Third Circuit; argues the text of the Fair Housing Act does not authorize a private right of action for disparate impact claims (U.S. Supreme Court)
Whether disparate impact claims are cognizable under the Fair Housing Act.
In its brief, he U.S. Chamber urged the Supreme Court to reverse the decision of the Third Circuit, arguing that neither the statute nor the Supreme Court's jurisprudence provide a private right of action for disparate impact claims. In this case, the Respondents brought this lawsuit claiming that a small New Jersey municipality's plan to redevelop a blighted residential area violated a provision of the Fair Housing Act (FHA). The Respondents alleged that the redevelopment plan, though not motivated by intentional discrimination, would have a disparate impact on some households. The Chamber argued in its amicus brief that the statutory text, context, and history of the FHA establish that the FHA permits claims only for disparate treatment, not disparate impact. Further, the text of the FHA does not show that Congress intended to authorize disparate-impact claims, nor does the legislative history show that Congress intended to authorize a disparate-impact claim.
The parties have settled the case.
Cert. petition filed 6/11/12. Court calls for the views of the Solicitor General 10/29/13. Amicus brief of United States in opposition to certiorari filed 5/24/13. Cert. granted 6/17/13. Petitioner's opening merits brief filed 8/26/13. U.S. Chamber amicus brief filed 9/3/13.