12/5/2023 in News & Media, Press Releases

Supreme Court Disposes of Case That Could Have Impacted the Ability of “Testers” to Bring Lawsuits


December 5, 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 after the Supreme Court disposed of a critical case about the ability of testers to determine compliance with civil rights laws.

“The Supreme Court exhibited sound judicial prudence in disposing of the Acheson v. Laufer case on mootness grounds. The long-standing precedent allowing for civil rights ‘testers’ to uncover unlawful discrimination across a range of markets – housing, employment, credit, and technology – continues to serve an invaluable function in vindicating our nation’s civil rights laws. The Acheson case had carried significant implications for the ability of “testers” to bring lawsuits, potentially jeopardizing the essential work undertaken by advocates in the pursuit of fair housing and equitable opportunities. Because the potential detrimental effects of this case were so profound, NFHA filed an amicus brief with the Supreme Court, joined by 50 of our operating members, which are local fair housing enforcement agencies, and three fair housing testers.

Today’s decision provides stability under long-standing Supreme Court jurisprudence to those tirelessly working to advance fair housing initiatives, reinforcing the importance of preserving avenues for individuals and organizations to seek legal remedies for discriminatory practices.  We will continue to work with our partners in steadfast dedication to ensure compliance with fair housing laws using ‘testers’ and other investigative methods to ferret out and redress discrimination in its many iterations. As we celebrate this important victory, NFHA remains dedicated to advancing fair housing policies and practices and ensuring that every individual can live free from discrimination.”


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.