On July 21, Representative Scott Perry (R-PA) introduced the Protect Local Independence Act (H.R. 3145) that would amend the Fair Housing Act with the intention of undermining the Act’s disparate impact standard, recently reaffirmed by the U.S. Supreme Court. Disparate impact refers to policies or practices that have a discriminatory effect, even if there is no intent to discriminate.
For more than 45 years, courts have recognized two categories of discrimination prohibited under the Fair Housing Act 1968: acts that are clearly intentional, and policies and practices that do not have a stated intent to discriminate but that have the effect of discriminating against the Act’s protected classes of race, color, national origin, religion, sex, familial status, or disability. On June 25, the U.S. Supreme Court upheld the disparate impact standard in housing discrimination in a 5-4 decision ruling on Texas Department of Housing and Community Affairs v The Inclusive Communities Project (see Memo, 6/29).
H.R. 3145 would amend the Fair Housing Act so that policies and practices that have a discriminatory effect would no longer violate the law, undercutting the disparate impact standard.
H.R. 3145 was referred to the House Committee on the Judiciary. It has no cosponsors.
The text of the bill is at https://www.congress.gov/114/bills/hr3145/BILLS-114hr3145ih.pdf
More information about the bill is at https://www.congress.gov/bill/114th-congress/house-bill/3145