Abstract: One of the most effective means to combat housing discrimination is statutory prohibition for protected minority classes. The US Federal Fair Housing Act (FHA) represents a model for such statutory prohibitions. The FHA prohibits such discrimination by either public (state and local government agencies) or private (landlords) actors on the basis of race, religion, national origin, sex, family status or disability. Following a Supreme Court decision in the 1970s, proof of intent to discriminate is necessary to bring an action under the US Constitution’s 14th Amendment Due Process and Equal Protection clauses. However, no such intent need be proved to sue under the FHA. Federal Appeals Courts sustained dozens of lawsuits claiming discrimination based simply on disparate impact of government or private action on one of the aforementioned protected classes. In 2014, the Supreme Court approved such a theory even though disparate impact is not mentioned in the FHA. However, the Court hedged the application of disparate impact with so many caveats and restrictions that many federal courts have now ruled against parties bringing disparate impact claims of discrimination under the FHA.
Keywords: disparate impact; discrimination; Fair Housing Act; housing; impact fees; inclusionary zoning; inclusive communities; set-asides; workforce housing
JICL welcomes full length articles (generally not exceeding 13,000 words inclusive of footnotes), shorter contributions in the form of notes and comments (generally not exceeding 8,000 words inclusive of footnotes) and book review articles of not more than 6,000 words.
We accept contributions for consideration on an exclusive submission basis. When submitting an article please certify that it is an unpublished article (that is, it has not been previously published in substantially similar form or with substantially similar content) and that it is not under consideration by any other journal.
To facilitate anonymous review, please give the names of authors and their short biographical information and acknowledgments in a separate page.
Authors retain copyright in the words used, but upon submission of material for publication, grant Sweet & Maxwell a licence to publish the submission in print and/or digital formats. Sweet & Maxwell retains copyright in the design, format and layout of all material published in JICL.
Once submissions are published, authors are entitled to one copy of the issue, 10 offprint copies and a PDF version of the submission.
Authors who send articles published in JICL to other publishers or media must include a reference to the publication of the article by JICL and Sweet & Maxwell.
Contributions and book reviews should be submitted in Microsoft Word format by way of email attachment to Professor Anton Cooray at Anton.email@example.com.
Authors should follow the OSCOLA citation system (http://www.law.ox.ac.uk/publications/oscola.php), except that we prefer authors to use indenting sparingly.
JICL uses the following heading levels: Main headings are in bold and preceded by a Roman numeral; second-level headings are in bold and italics and preceded by an uppercase alphabet; third-level headings are preceded by an Arabic numeral; and fourth-level headings are in italics and preceded by a lowercase alphabet.