Housing Policies Challenged: Disparate Impact Supreme Court’s Ruling on 6/25/15

Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.,...

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June 30, 2015

Housing Policies Challenged: Disparate Impact Supreme Court’s Ruling on 6/25/15

Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., decided by the Supreme Court last Thursday, held that lawsuits can challenge housing policies or practices based on their disparate impact. Subject to restrictions discussed below, the Court found that housing discrimination claims can be based on the discriminatory effect of a law or practice without needing to show intent to discriminate. While the Supreme Court had not yet weighed in on this question, the Court's decision matches the nine federal courts of appeals that have considered the question,...