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Searching for Fair HousingLee Anne FennellUniversity of Chicago - Law School November 10, 2016 Boston University Law Review, Forthcoming U of Chicago, Public Law Working Paper No. 575 Kreisman Working Papers Series in Housing Law and Policy No. 34 Abstract: There is a blind spot in the scholarly and legal treatment of housing discrimination: the racial biases of home seekers. Search strategies routinely incorporate information about neighborhood racial composition, either as a proxy or as a direct preference. Although search heuristics can powerfully entrench and perpetuate (or, alternatively, disrupt) segregation, it is widely assumed that the way that families search for homes is none of the law’s business. This paper questions that assumption and, more broadly, examines how home seeking fits into a societal conception of fair housing that assigns positive value to integration.
Number of Pages in PDF File: 62 Keywords: Fair Housing Act, Section 1982, discrimination, housing, integration, segregation, disparate impact, affirmatively further Date posted: April 11, 2016 ; Last revised: November 20, 2016Suggested CitationContact Information
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