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- Title
ALL DATA IS NOT CREDIT DATA: CLOSING THE GAP BETWEEN THE FAIR HOUSING ACT AND ALGORITHMIC DECISIONMAKING IN THE LENDING INDUSTRY.
- Authors
Rodriguez, Lorena
- Abstract
In June 2015, the Supreme Court decided Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. and held that disparate impact claims are cognizable under the Fair Housing Act. Four years later, in August 2019, the Department of Housing and Urban Development published a proposed rule purporting to align the agency's regulations with the Supreme Court's interpretation of the Fair Housing Act in Inclusive Communities. The proposed rule, however, is inconsistent with Inclusive Communities and, in practice, effectively allows lenders to circumvent liability for algorithm-based disparate impact. This Note argues that these consequences are the result of a gap in statutory accountability within the Fair Housing Act for algorithm-based discrimination. It then calls for more permanent solutions to this problem that would prevent HUD--or any other agency under any administration--from interpreting the Fair Housing Act in a manner that contravenes the statute's history and purpose.
- Subjects
STATUTES; LEARNING; HOUSING Act of 1937 (U.S.); FAIR Housing Act of 1968 (U.S.); ALGORITHMS
- Publication
Columbia Law Review, 2020, Vol 120, Issue 7, p1843
- ISSN
0010-1958
- Publication type
Article