[JURIST] A federal judge for the US District Court for the District of Columbia [official website] on Monday struck down [PDF] the US Department of Housing and Urban Development (HUD) [official website] housing discrimination rule which was designed to make it easier for plaintiffs to file allegations of housing discrimination. The rule, [PDF] issued in February 2013, [press release] created a burden-shifting test that would allow plaintiffs to show housing practices result in a disparate-impact to minorities without requiring them to prove a discriminatory intent. In his opinion, Judge Richard Leon [website, bio] struck down the anti-discrimination rule, stating that the rule was “yet another example of an administrative agency trying desperately to write into law that which Congress never intended to sanction.” HUD is responsible for interpreting and creating rules which serve the purpose of the Fair Housing Act [text] which makes it unlawful “[t]o refuse to sell or rent after the making of a bona fide offer … or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin.” Judge Leon ruled in favor of the plaintiffs and indicated that HUD acted outside of the Congressional intent of the Fair Housing Act by creating a burden-shifting rule.

Housing discrimination continues to be an issue in the US. In March the US Supreme Court [official website] denied review [JURIST report] of two cases involving local ordinances that sought to deny housing to undocumented immigrants. The court’s denial will will let stand lower court rulings that the ordinances are unconstitutional and prohibited from taking effect in their proposed locations of Hazleton, Pennsylvania and Farmers Branch, Texas [case dockets]. In June 2013 the Court granted certiorari [JURIST report] for a housing discrimination case in Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. [petition, PDF]. The matter was settled [JURIST report] out of court in November 2013.