Brent McIntosh Authors Law360 Article on Supreme Court Fair Housing Act CaseNovember 15, 2016
On November 15, Law360 published Brent McIntosh’s article “City Fair Housing Suits May Have Unfortunate Consequences,” which discusses the Bank of America v. City of Miami appeal that was recently argued in the U.S. Supreme Court. In the case discussed there, the Eleventh Circuit had ruled that statutory standing to bring Fair Housing Act claims extends as far as Article III permits, whether or not the claimed harm was the sort of harm the act was designed to remedy. Brent’s article described how a decision by the Supreme Court granting cities standing to bring such claims could be counterproductive because increased litigation costs attendant on lending to lower-income communities could reduce the availability of credit and increase the cost of credit for those communities. S&C submitted a brief on behalf of amici curiae the U.S. Chamber of Commerce and the Property Casualty Insurers Association of America in the case, supporting the defendant banks.