The Ability of Testers to Bring Lawsuits Is a Critical Component In Fair Housing Enforcement, National Fair Housing Alliance Says As the Supreme Court Hears Oral Arguments

FOR IMMEDIATE RELEASE

October 4, 2023

Contact: Janelle Brevard | jbrevard@nationalfairhousing.org

Washington, D.C. — Today, the National Fair Housing Alliance® (NFHA™) released the following statement by President and CEO Lisa Rice regarding oral arguments before the Supreme Court about the ability of testers to determine compliance with Fair Housing Laws.

“The Acheson v. Laufer case, heard before the Supreme Court today, is not just about hotels and the Americans with Disabilities Act. The standing rules that this case applies to will have broad implications for people’s ability to enforce our nation’s civil rights laws. The Supreme Court first recognized that testers suffer harm when they are discriminated against and could bring lawsuits on their own behalf in Havens Realty Corp. v. Coleman, a landmark Fair Housing Act case brought by one of NFHA’s founding members – Housing Opportunities Made Equal of Richmond, VA. If the Supreme Court were to roll back the Havens decision, it would be detrimental to the ability to address modern-day discrimination—including redlining, algorithmic bias, and segregation—and its harmful impacts on protected groups across a range of statutes, including dealing with discrimination in the employment context.

Because the potential detrimental effects of this case are profound, NFHA was prompted to file an amicus brief with the Supreme Court. We were joined by 50 of our operating members, which are local fair housing agencies, and three fair housing testers. NFHA’s amicus brief draws upon its and its members’ experiences using testers to determine compliance with fair housing laws and help root out discrimination. Our brief argues that testers do indeed suffer injuries when they encounter discrimination and their right to bring suit, sanctioned by the Supreme Court in the Havens case, must be preserved. In fact, continuing to allow testers to bring lawsuits is consistent with more recent Supreme Court standing law. 

According to NFHA’s latest Fair Housing Trends Report, the number of fair housing complaints increased by almost 6 percent year over year. Last year, we recorded the highest number of fair housing complaints filed with private fair housing groups and government agencies. With rising levels of housing discrimination, now is not the time to turn back civil rights protections. This decision threatens to completely dismantle the investigative tools that are essential for civil rights enforcement in the modern era. The Supreme Court most hold firm the ability to protect people against the harm and detriment discrimination can cause.”

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The National Fair Housing Alliance (NFHA) is the country’s only national civil rights organization dedicated solely to eliminating all forms of housing and lending discrimination and ensuring equal opportunities for all people. As the trade association for over 170 fair housing and justice-centered organizations and individuals throughout the U.S. and its territories, NFHA works to dismantle longstanding barriers to equity and build diverse, inclusive, well-resourced communities.