Thirteen amicus briefs have been filed in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., the case pending in the U.S. Supreme Court in which the question presented is whether disparate impact claims are cognizable under the Fair Housing Act (FHA).  

Twelve of the amicus briefs support the Township’s position that the FHA prohibits only intentional discrimination and does not allow disparate impact claims.  Among the entities filing such briefs were:

  • The American Bankers Association, whose brief was filed jointly with the Chamber of Commerce of the United States of America, the Consumer Bankers Association, the Financial Services Roundtable, the Housing Policy Council, and 54 bankers associations from all 50 states and Puerto Rico
  • The American Financial Services Association, whose brief was filed jointly with the Consumer Mortgage Coalition, the Independent Community Bankers of America, and the Mortgage Bankers Association
  • The American Insurance Association, whose brief was filed jointly with the National Association of Mutual Insurance Companies, the Property Casualty Insurers Association of America, and the Independent Insurance Agents & Brokers of America 

An amicus brief in support of neither party was filed by the Institute for Justice, which argues that Mount Holly should not be an FHA case and states that the purpose of the brief “is to urge the Court to reexamine its rulings on eminent domain.” 

The respondent/plaintiff has until October 21 to file its brief and supporting amicus briefs must be filed within 7 days after the date the respondent’s/plaintiff’s brief is filed.