The Fair Housing Act Case That Never Was

Abstract

Abstract The Buckeye decision will undoubtedly be a necessary reference for the practitioner confronting a referendum proposed by citizens opposed to an affordable housing facility. But Buckeye is a constitutional law case, not a Fair Housing Act (“FHA”) one. Many of us were looking forward to a new U.S. Supreme Court FHA decision. The Buckeye developer did not prosecute an FHA intentional discrimination claim and, as noted, abandoned its FHA claim about disparate impact (discriminatory effect).