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Administrative Law Judges in Fair Housing Enforcement: Attitudes, Case Facts, and Political Control
Author(s) -
Seabrook Nicholas R.,
Wilk Eric M.,
Lamb Charles M.
Publication year - 2013
Publication title -
social science quarterly
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.482
H-Index - 90
eISSN - 1540-6237
pISSN - 0038-4941
DOI - 10.1111/j.1540-6237.2012.00880.x
Subject(s) - bureaucracy , plaintiff , law , politics , damages , control (management) , political science , population , administrative law , enforcement , judicial opinion , economics , sociology , demography , management
Objective This study investigates the effect of attitudes, case facts, and political control on the fair housing decisions made by administrative law judges ( ALJ s) at the D epartment of H ousing and U rban D evelopment ( HUD ). Methods Based on data obtained from HUD under a Freedom of Information Act request, we use P robit regression to model the outcomes of every housing discrimination case decided by the entire population of ALJ s 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 ALJ s.