Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)

Citation: Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Parent Document: Southwest Fair Housing Council v. Mdwid, 17 F.4th 950 (2021)
Jurisdiction: United States (federal)
Effective Date: 2021-11-12
Original Source: https://www.courtlistener.com/opinion/5296996/southwest-fair-housing-council-v-mdwid/ ↗

Full Text

1,211 chars

6
       In 2013, the U.S. Department of Housing and Urban Development
(“HUD”) issued a regulation describing the framework for disparate-
impact claims brought under the FHA. 24 C.F.R. § 100.500 (2014).
Although the Supreme Court mentioned this regulation in Inclusive
Communities, see 576 U.S. at 527, there is disagreement as to whether
the Court adopted this framework. See Inclusive Communities Project,
Inc. v. Lincoln Prop. Co., 920 F.3d 890, 903 n.6 (5th Cir. 2019).
Complicating matters further, in 2020, HUD saw fit to revise its rule in
light of the Supreme Court’s decision in Inclusive Communities,
although that rule is currently enjoined. Mass. Fair Hous. Ctr. v. United
States Dep’t of Hous. & Urb. Dev., 496 F. Supp. 3d 600 (D. Mass. 2020).
Given these considerations, we will follow the guidance of the Supreme
Court in Inclusive Communities rather than look to HUD’s regulations.
See Reyes v. Waples Mobile Home Park Ltd. P’ship, 903 F.3d 415, 424
(4th Cir. 2018) (acknowledging that the courts of appeals are bound by
the standard announced by the Supreme Court, not the prior HUD
regulation); Lincoln Prop., 920 F.3d at 903 (following Reyes).
18 SW. FAIR HOUSING V. MARICOPA DOMESTIC WATER

Other Sections in This Document (145)

Full Text