emotional harm in housing discrimination casespolyblend vs polyblend plus grout

Mental Anguish and Humiliation Suffered by Victims An agency is free to collect and analyze all the evidence described in this section as part of its initial investigation, or may choose to make a preliminary prima facie finding and require the recipient to articulate its defense as a next step. Since its adoption over thirty years ago, lower courts have mainly adopted an interpretation of the Fair Housing Act that reflects an effort to fulfill its broad legislative purpose. UDAP statutes (state statutes of general applicability prohibiting unfair or deceptive practices) allow for emotional distress damages, except for the few statutes that explicitly exclude such recovery. Shores Props., LLC v. City of Newport Beach, 730 F.3d 1142, 115859 (9th Cir. Parents Involved, 551 U.S. at 720. But, as one court noted, [i]t would be improper to posit a quantitative threshold above which statistical evidence of disparate racial impact is sufficient as a matter of law to infer discriminatory intent, and below which it is insufficient as a matter of law. Gay v. Waiters & Dairy Lunchmens Union, Local No. Similarly, the stigma that intentional discrimination may cause is a cognizable harm. 2012). See NCLCs Fair Debt Collection 11.8.2.4. Id. Rather, an agency has discretion to gather and evaluate all relevant evidence as part of its initial investigation, or may choose to make a preliminary prima facie finding then require recipients to articulate defenses. Critically, Arlington Heights directs courts and agencies to engage in a cumulative assessment of the evidence. 1994); accord Troupe v. May Dept Stores Co., 20 F.3d 734, 736 (7th Cir. While there is no rigid mathematical formula for determining whether a disparity is significant, Watson v. Fort Worth Bank & Trust, 487 U.S. 977, 99495 (1988), courts have adopted various tests to aid them in making this determination. The most obvious form of religion-based discrimination is when a landlord informs prospective tenants that a specific apartment is unavailable because the landlord does not want to rent to people of a particular religion.

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