Insurers May Be Stuck Between Rock And A Hard Place: Part 1

Law360, New York (August 31, 2017, 12:45 PM EDT) -- Two years ago, in Texas Dept. of Housing & Community Affairs v. Inclusive Communities Project Inc., 135 S.Ct. 2507 (2015), the U.S. Supreme Court ruled that defendants may be liable under the federal Fair Housing Act for actions that are otherwise lawful, and which have no discriminatory intent, but which nonetheless have a disproportionately adverse effect (a “disparate impact”) on the housing rights of certain disadvantaged communities. Although the case clarified housing law in one respect, the questions of whether, and to what extent, disparate impact...
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