Credit Discrimination: 4.3.2.3 FHA Burden of Proof
Historically, courts have taken two approaches to analyzing FHA disparate impact cases.80 The first approach is a balancing test articulated by the Seventh Circuit in Metropolitan Housing Development Co. v. Village of Arlington Heights (“Arlington Heights II”).81 The second is a burden-shifting framework akin to the one used in employment discrimination and ECOA cases and first articulated by the Second Circuit in Huntington Branch NAACP v.