In an article titled “Supreme Court Ruling Puts NYC Affordable Housing Plan in Peril,” Cozen O’Connor attorney, and former New York City Council member Ken Fisher discusses the implications of the June 25, 2015, ruling. The new decision requires anyone challenging an affordable housing policy as a violation of the Fair Housing Act to prove only that the policy itself is discriminatory. Under the new high court ruling, New York City’s longtime practice of building new affordable housing units in low-income and minority neighborhoods is now vulnerable to legal challenges under the premise that it increases economic and racial segregation. “They will need to be able to explain to the Department of Justice and (the Department of Housing and Urban Development) why their policies are furthering integration – and not segregation,” Fisher stated.
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