As I have written about before, under the “disparate impact” theory of liability, landlords can unintentionally violate the Fair Housing Act if their policies or practices disproportionately and adversely impact protected class members.  This theory of liability was adopted by HUD in 2013 and upheld by the Supreme Court in 2015.  And, for all

Now that the Supreme Court has definitively ruled that disparate impact claims are valid under the Fair Housing Act, HUD has issued guidance regarding one common multifamily property policy that it believes has a discriminatory effect on minorities—criminal background screening.

In light of statistics demonstrating that African Americans and Hispanics are incarcerated at rates disproportionate