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Abstract

From the intentional displacement of Native Americans to the racially motivated redlining of cities across the country, housing discrimination has always been an issue in the United States. Congress enacted the 1968 Fair Housing Act (“FHA”) to eradicate the rampant discriminatory practices present in housing decision-making. Since its enactment, courts have interpreted §§ 3604 and 3605 to not only hold housing providers directly responsible for their own policies, but have also applied this interpretation to a wide range of entities that provide housing- related services. Additionally, because not all biases are intentional, or even recognizable at a cursory glance, the FHA has applied to and prohibited outwardly neutral policies with resulting discriminatory effects through disparate impact liability. With technology evolving every day, the question we must consider is— how far will the FHA’s disparate-impact liability extend, and how can regulation of AI fill in the gaps? …

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