Administrative Law Judges in Fair Housing Enforcement: Attitudes, Case Facts, and Political Control

Social Science Quarterly, 2012, DOI: 10.1111/j.1540-6237.2012.00880.x

17 Pages Posted: 13 Sep 2012

See all articles by Nicholas Seabrook

Nicholas Seabrook

University of North Florida - Department of Political Science

Eric M. Wilk

Georgia Gwinnett College

Charles M. Lamb

State University of New York (SUNY) at Buffalo - Department of Political Science

Date Written: September 13, 2012

Abstract

Objective. This study investigates the effect of attitudes, case facts, and political control on the fair housing decisions made by administrative law judges (ALJs) at the Department of Housing and Urban Development (HUD). Methods. Based on data obtained from HUD under a Freedom of Information Act request, we use Probit regression to model the outcomes of every housing discrimination case decided by the entire population of ALJs between 1989 and 2003. Results. We discover significant variation in the likelihood of a pro-complainant outcome and the amount of actual damages awarded in fair housing disputes. Conclusion. The attitudinal model of judicial decision making appears to apply to ALJ behavior in housing discrimination cases. At the same time, case facts, bureaucratic oversight, and other legal factors constrain ALJs.

Keywords: Administrative Law Judges, Fair Housing Enforcement, Judicial Behavior

Suggested Citation

Seabrook, Nicholas and Wilk, Eric M. and Lamb, Charles M., Administrative Law Judges in Fair Housing Enforcement: Attitudes, Case Facts, and Political Control (September 13, 2012). Social Science Quarterly, 2012, DOI: 10.1111/j.1540-6237.2012.00880.x, Available at SSRN: https://ssrn.com/abstract=2146101

Nicholas Seabrook

University of North Florida - Department of Political Science ( email )

FL
United States

Eric M. Wilk

Georgia Gwinnett College ( email )

1000 University Center Lane
Lawrenceville, GA 30043
United States

Charles M. Lamb (Contact Author)

State University of New York (SUNY) at Buffalo - Department of Political Science ( email )

520 Park Hall
University at Buffalo
Buffalo, NY 14260
United States

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