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