U.S. Supreme Court Rules on Use of Disparate Impact for Fair Housing Claims

CARH’S BROADCAST E-MAIL – Legislative Update

June 29, 2015

On Thursday, June 25, the U.S. Supreme Court ruled, in a 5-4 vote, in Texas Department of Housing vs. Inclusive Communities Project. In the decision authored by Justice Kennedy, the Court ruled that the 1968 Fair Housing Act prevents more than just intentional discrimination in the housing market. The court said the law can also prohibit seemingly race-neutral policies that have the effect of disproportionately harming minorities and other protected groups, even if there is no overt evidence of bias behind them.

CARH, through its General Counsel, Nixon Peabody, LLP, had provided an amicus brief in this case. After the Court’s decision, Nixon Peabody provided this analysis of the decision.

If you have any questions, please contact CARH at 703-837-9001 or carh@carh.org.

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