Constance Baker Motley Speaker Series on Racial Inequality: The Fair Housing Act and Insurance
The test for determining discriminatory effect, so as to establish actionable discrimination under the FHA, has been considered extensively in the courts. Rulemaking during the Obama administration attempted to codify this. Most recently the Department of Housing and Urban Development sought to restate this rule, ostensibly to reflect a Supreme Court decision (Inclusive Communities). With the rule being challenged in the courts and a new administration, how this will impact homeowners insurers hangs in the balance.
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