Disparate Impact Liability and the Fair Housing Act
The U.S. Supreme Court’s 2015 decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project brought clarity to the question of whether disparate impact liability exists under the Fair Housing Act. Disparate impact looks at discriminatory effects of facially-neutral policies and practices, including zoning laws. In upholding the use of disparate impact, the Supreme Court kept intact one of three ways that local governments can be held liable under the Fair Housing Act, but with some important...