Supreme Court Commentaries
Standing, Article III, Fair Housing Act
Constitutional Law | Supreme Court of the United States
For decades, the Supreme Court construed standing under the Fair Housing Act broadly; any party could bring suit as long as it met Constitutional Standing requirements. In January 2011, in Thompson v. North American Stainless, the Court restricted standing under Title VII—a statute with similar empowering language to the Fair Housing Act. The Court will address Fair Housing Act standing post-Thompson in Bank of America Corp. v. City of Miami. This commentary argues that standing under the Fair Housing Act should be restricted. Additionally, it argues that the allegations of the Plaintiff-Respondent, City of Miami, of widespread reductions in tax revenue as a result of discriminatory banking practices are sufficient to confer it standing under such a standard.
Eric Vanderhoef, A House Built on Shifting Sands: Standing Under the Fair Housing Act After Thompson v. North American Stainless, 12 Duke Journal of Constitutional Law & Public Policy Sidebar 83-94 (2017)