Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Housing Law

Faculty Publications

Series

2015

Disparate impact

Articles 1 - 2 of 2

Full-Text Articles in Law

Disparate Impact And Integration: With Tdca V. Inclusive Communities The Supreme Court Retains An Uneasy Status Quo, Rigel C. Oliveri Jan 2015

Disparate Impact And Integration: With Tdca V. Inclusive Communities The Supreme Court Retains An Uneasy Status Quo, Rigel C. Oliveri

Faculty Publications

This article begins with a brief history of disparate impact theory as it relates to fair housing cases. It then proceeds to an overview of two previous cases on this issue to reach the Supreme Court in recent years. Next, it analyzes the Inclusive Communities opinion, discussing both the Court's affirmation of integration as a fair housing goal and its skepticism of whether plaintiffs can succeed using disparate impact theory in cases like the one at bar. The article concludes by locating the opinion's focus on competing priorities within the historical tension between affordable housing/community development and integration and discussing …


Are Disparate Impact Claims Cognizable Under The Fair Housing Act: Texas Department Of Housing And Community Affairs V. Inclusive Communities Project, Rigel C. Oliveri Jan 2015

Are Disparate Impact Claims Cognizable Under The Fair Housing Act: Texas Department Of Housing And Community Affairs V. Inclusive Communities Project, Rigel C. Oliveri

Faculty Publications

The Fair Housing Act (FHA) makes it illegal to refuse to sell or rent or to "otherwise make unlawful or deny" housing to a person because of a protected characteristic, including race. The case asks the Court to determine whether the FHA covers disparate impact claims, where a plaintiff alleges discrimination based on the disparate impact that a defendant's facially neutral practice has on members of a group who share a protected characteristic.