second language,” “parents with teenagers (13-18),” “soccer
moms,” or “moms of preschool kids.”
Other challenges included potential disparate-impact
liability in the use of zip codes to target advertising campaigns.
A rental housing provider can be sued under disparate
impact theory if the owner or operator implements a policy
that is neutral on its face but nonetheless has an unintended,
discriminatory eff ect on members of a protected class under the
FHA.
The use of user interests, demographics and zip codes may
have intended or unintended consequences on almost all of the
federally protected classes under the FHA.
Despite the settlement, the U.S. Department of Housing
and Urban Development (HUD) is moving forward with an
investigation and formal charges against Facebook. HUD
has alleged that Facebook violated the Fair Housing Act by
encouraging, enabling, and causing housing discrimination
through the company’s advertising platform. The agency
further alleges unresolved fair housing issues regarding
Facebook’s advertising practices, seeking to obtain appropriate
relief for what they argue is ongoing harm. HUD is also
investigating other tech giants, such as Twitter and Google,
based on similar allegations.
At this time, NAA is working on guidance to help prepare
members for fair housing enforcement and testing in this area.
For questions, please contact Nicole Upano, Director of Public
Policy or Scot Haislip, Vice President, Legal Aff airs and Counsel
on the NAA staff .
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TRENDS | 51