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3 The Journal of Robotics, Artificial Intelligence & Law (Fastcase) 53 (2020)
Artificial Intelligence and the Fair Housing Act: Algorithms under Attack?

handle is hein.journals/rail3 and id is 54 raw text is: Artificial Intelligence and the Fair Housing Act: Algorithms Under Attack? William T. Gordon, Katherine Kirkpatrick, and Katherine Mueller* Recent technological advancements, such as artificial intelligence, have raised new questions about the Fair Housing Act's reach-both in terms of which entities may be liable for violating the Act and what new technologies may run afoul of the statute's prohibitions. The authors of this article explore the issues and the implications. The Fair Housing Act (FHA), enacted more than 50 years ago, prohibits discriminatory practices in housing. The FHA makes it illegal to make unavailable or deny ... a dwelling to any person or discriminate against any person in the terms, conditions, or privi- leges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith because of that person's race, color, religion, sex, familial status, national origin, or disability.1 In many jurisdictions, it is also illegal to discriminate on the basis of income (e.g., Section 8 vouchers).2 But recent technological advancements have raised new ques- tions 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. And lenders that utilize algorithms or contract with third parties that use proprietary technology to evaluate prospective applicants need to be conscious of potentially discriminatory methods or effects. Artificial Intelligence-Efficiency and Exposure It is no secret that artificial intelligence (Al) provides both companies and consumers with powerful and effective tools to man- age and sift through the myriad of data constantly at our fingertips. A simple Google search of your favorite TV show will likely reveal Robotics, Artificial Intelligence & Law/ January-February 2020, Vol.3, No. 1, pp.53-56. © 2020 Full Court Press. All rights reserved. ISSN 2575-5633 (print) /ISSN 2575-5617 (online)

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