State Attorney General George Jepsen and 11 other attorneys general have filed a brief in a Supreme Court case urging the court to recognize a legal category of housing discrimination claims under the federal Fair Housing Act.
So-called disparate impact claims may be pursued, according to Jepsen, when a policy that appears objective or neutral disproportionately affects a protected group. Jepsen and the other AGs, led by Massachusetts’ Martha Coakley, want the court to uphold circuit court opinions that disparate claims acts do fall under the FHA.
Recognizing the claims under the FHA — which protects individuals from discrimination in the sale and rental of housing — would provide additional protections from discrimination for those of varying race, gender, religions and other protected status, the AGs argued in the amicus brief.
The case before the court involves a housing development in a low-income neighborhood in Mount Holly, N.J.
