Artificial Intelligence and the Fair Housing Act: Algorithms Under Attack? JD Supra

The Fair Housing Act ("FHA"), enacted more than fifty years ago, prohibits discriminatory practices in housing. The FHA makes it illegal to "make unavailable or deny . . . In many jurisdictions, it is also illegal to discriminate on the basis of income (e.g. But recent technological advancements have raised new questions about the statute's reach--both in terms of which entities may be liable for violating the FHA and what new technologies may run afoul of the statute's prohibitions. For example, companies that use, facilitate, or support digital advertising need to be particularly cognizant of the FHA's purview.