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/ ↗

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In Inclusive Communities, the Supreme Court clarified
the limited scope of the third step and implemented
safeguards to ensure that housing authorities and private
developers are given “leeway to state and explain the valid
interest served by their policies.” 576 U.S. at 541–42. “The
FHA is not an instrument to force [defendants] to reorder
their priorities. Rather, the FHA aims to ensure that those
priorities can be achieved without arbitrarily creating
discriminatory effects or perpetuating segregation.” Id.
at 540. “The limitations on disparate-impact liability
discussed here are also necessary to protect potential
defendants against abusive disparate-impact claims. . . .
Were standards for proceeding with disparate-impact suits
not to incorporate at least the safeguards discussed here, then
disparate-impact liability might displace valid governmental
and private priorities, rather than solely removing artificial,
arbitrary, and unnecessary barriers. And that, in turn, would
set our Nation back in its quest to reduce the salience of race
in our social and economic system.” Id. at 544 (cleaned up).

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