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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.

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