This Note will suggest bringing a Fair Housing Act (“FHA”) disparate-impact claim to combat aggressive policing practices in New York City Public Housing Authority (“NYCHA”) communities. Part I will explore the relationship between policing and public housing communities in New York. It will examine how police officers use high-crime doctrine and trespass law to justify stops of residents and vertical sweeps of buildings. These practices lower community trust and perpetuate the public-housing-to-prison pipeline in New York City. Part II will describe how § 3604(b) of the FHA can be used as a tool to challenge the discriminatory impact of policing on Black and Latino residents in NYCHA communities. It will explore cases where disparate-impact claims addressing aggressive police behavior have been recognized as viable by the Southern District of New York. Part III will examine the requirements of making an FHA disparate-impact claim. This Note suggests that providing evidence to demonstrate statistical proof of disproportionate impact will be the largest challenge for NYCHA plaintiffs in a disparate-impact claim. Although tailored to New York, the recommendations of this Note are relevant to FHA Plaintiffs throughout the country.

Continue reading Using Disparate-Impact Theory Under the Fair Housing Act to Address Aggressive Policing Tactics in New York City Public Housing Communities