In a significant legal setback for civil rights advocacy, the 5th U.S. Circuit Court of Appeals has ruled that the Louisiana Fair Housing Action Center (LFHAC) lacks standing to sue for racial discrimination under the Fair Housing Act (FHA). This decision, rendered on September 14, 2023, highlights a troubling trend in federal courts that mirrors recent Supreme Court rulings on affirmative action and anti-bias laws. Although this case originated in Louisiana, the decision could spell trouble for Maryland residents, as well, if the 4th Circuit Court of appeals rules in the same manner in a similar case. If you’re concerned about discrimination as you seek housing, talk to a Silver Spring, MD, civil rights litigation lawyer to see what protections are available to you.
The case involves LFHAC’s allegations that Azalea Garden Properties in Jefferson, Louisiana, imposed a discriminatory blanket ban on all applicants with criminal records, disproportionately affecting minority applicants. LFHAC claimed this policy violated FHA provisions by causing a disparate impact on racial minorities.
Despite LFHAC’s claim that its resources were diverted to investigate the discriminatory practices, the 5th Circuit ruled 2-1 that the organization had not demonstrated sufficient harm or injury to establish standing. This ruling marks a departure from longstanding precedent, such as the Supreme Court’s 1982 decision in Havens Realty Corp. v. Coleman, which recognized organizational standing in discrimination cases based on resource diversion.
Judge Jennifer Walker Elrod, in dissent, criticized the majority for ignoring established precedent. She argued that LFHAC’s diversion of resources to combat alleged discrimination should suffice to demonstrate standing under existing legal standards.
The decision reflects a broader trend where courts impose higher hurdles for minority groups seeking justice under anti-discrimination laws, while right-wing and white plaintiffs often face more lenient standards. This disparity in judicial treatment has been evident in various cases, from affirmative action disputes to housing discrimination claims.
What Can You Do If You Were Denied Fair Housing Because Of Membership In A Protected Class?
If you’ve been denied housing because of your membership in a protected class, such as race, color, religion, sex, national origin, disability, or familial status, it’s crucial to understand your rights and the steps you can take to address the discrimination.
Begin by documenting all details related to the housing denial. Keep records of communications with the landlord or property manager, such as emails, letters, and notes from phone calls. Collect any relevant information that might indicate discrimination, such as the reason given for the denial and any differences in treatment compared to other applicants.
Familiarize yourself with the Fair Housing Act (FHA), which protects individuals from discrimination in housing. The FHA applies to most housing, including rental and sales, and prohibits discrimination based on protected classes. Understanding these laws will help you identify if your situation falls under the protections offered. If you believe you’ve been discriminated against, you can file a complaint with the U.S. Department of Housing and Urban Development (HUD) or your local Fair Housing Agency. HUD investigates complaints of discrimination and can take action if it finds violations. You must file your complaint within one year of the alleged discrimination.
Facing discrimination in housing can be stressful and disheartening, but knowing your rights and taking prompt action can help you seek justice and prevent future occurrences. A skilled civil rights litigation attorney from Eric Siegel Law can help you understand your legal options and assert your rights – contact us today to discuss your concerns.