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Home » SCOTUS Takes Unique Disparate Impact Case
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SCOTUS Takes Unique Disparate Impact Case

November 21, 2011
The U.S. Supreme Court has granted certiorari in Magner v. Gallagher, thrusting itself into the debate over whether the Fair Housing Act allows plaintiffs to bring disparate impact claims, in a case that could have wide-ranging implications for the mortgage industry, potentially extending to fair lending litigation and even regulatory enforcement. In Magner, some rental property owners in St. Paul, MN, sued the city and a group of city officials, arguing that enforcing the city’s housing code raised their costs, thereby lowering the availability of affordable housing. They argued further that this had a disparate impact on...
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