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22 Colum. Sci. & Tech. L. Rev. 1 (2020-2021)

handle is hein.journals/cstlr22 and id is 1 raw text is: THE NEW DISPARATE IMPACT RULE THE COLUMBIA SCIENCE & TECHNOLOGY LAW REVIEW VOL. XXII STLR.ORG FALL 2020 ARTICLE ALGORITHMS, HOUSING DISCRIMINATION, AND THE NEW DISPARATE IMPACT RULE Virginia Foggo' and John Villasenor' In the coming years, algorithms-often but not always powered by artificial intelligence-will experience increasing adoption in relation to home loan approvals, real estate marketing and sales, and zoning decisions. While algorithms offer many potential advantages, they also bring the risk of perpetuating or even amplifying longstanding patterns of housing-related discrimination. When that occurs, disparate impact litigation under the Fair Housing Act (FHA) will be a key mechanism for seeking redress. This Article aims to help ensure that FHA disparate impact claims can serve as an effective tool to combat housing discrimination in an era when an increasing number of decisions will be made by algorithms. This issue is particularly timely in light not only of the broader imperative to ensure that federal antidiscrimination frameworks remain effective as the technology used in the housing sector evolves, but also because the Department of Housing and Urban Development has recently published a final rule that, subject to a pending court challenge, will codify a set of explicit steps for t Research Associate, University of California, Los Angeles (UCLA) School of Law. * Professor of Engineering, Law, and Public Policy, UCLA; Director of the UCLA Institute for Technology, Law, and Policy; Non-Resident Senior Fellow, The Brookings Institution. The authors thank Robert Bone, Eric Hall, Gideon Mark, Michael Murphy, Robert Reinstein, Oliver Richards, Rebecca Wexler, and the editors of Columbia Science and Technology Law Review for their valuable feedback on this Article. The work leading to this Article was supported by a grant from the Micron Foundation. 20201 1

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