WCCCD’S ISP Signs Amicus Brief for Key Fair Housing Case Before U.S. Supreme Court

Wayne County Community College District’s Institute for Social Progress joined leading academics and other nationally recognized policy experts in signing an amicus brief submitted October 28th to the U.S. Supreme Court regarding a key fair housing case set for deliberation: Township of Mount Holly vs. Mt. Holly Gardens. WCCCD Chancellor Dr. Curtis L. Ivery and Institute for Social Progress Senior Fellow Joshua A. Bassett signed the brief.

The case before the Court involves a development in Mount Holly, New Jersey, where township authorities bulldozed a predominantly lower income and minority neighborhood in order to build higher-priced condos and apartments. While township officials said that the neighborhood was blighted, residents sued, claiming the project violated the federal Fair Housing Act.

The case was slated to have far-reaching impact as the ability to use the “disparate impact” doctrine was at the core of the case. That doctrine allows plaintiffs to argue that even if discrimination was not intentional, the challenged practice still caused disproportionate suffering to minorities, unless the defendant is able to demonstrate that there were no non-discriminatory alternatives available.

The scholars that signed the brief were urging the Court to affirm the decisions of the lower courts, which had ruled that the Mount Holly case could proceed to trial under the disparate impact doctrine.

A tentative settlement was reached November 2, which could result in the township pulling its appeal of the case to the Court.