The federal Fair Housing Act is one of the most important pieces of Congressional legislation in the last half-century or more.  It was enacted in the 1960s after the assassination of Dr. Martin Luther King, Jr., at a time of considerable social unrest.  In that era, governmental entities at all levels had explicit or implicit policies that prevented integration even when developers had an economic rationale for wanting to build more dense or more affordable housing.  Congress thus enacted the FHA “to eradicate discriminatory practices within a sector of our Nation’s economy.”
Continue Reading Rezoning Denial May Give Rise to Liability for Discriminatory Zoning Practices

February 29, 2016 was a notable leap year day for the United States Supreme Court. To the surprise of most in the courtroom that day, Justice Clarence Thomas asked his first question from the bench in more than 10 years. The Court also issued its first round of orders since the February 13 death of Justice Antonin Scalia, including a denial of certiorari in California Building Industry Association v. City of San Jose, 61 Cal. 4th 435 (2015).
Continue Reading U.S. Supreme Court Denies Review of California Supreme Court Decision Upholding San Jose Inclusionary Housing Ordinance