Reprinted with permission from the Journal of Affordable Housing & Community Development Law.

Approximately one year ago, the U.S. Supreme Court confirmed in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. that disparate impact claims are cognizable under the
Fair Housing Act (FHA). Prior to that decision, nearly all federal appellate courts had recognized FHA claims for disparate impact and, in 2013, the U.S. Department of Housing and Urban Development (HUD) issued a
regulation on the topic. By some accounts, ICP might have had little actual impact. The Court, however, devoted lengthy discussion to the limitation  of disparate impact liability. More >

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