Center for American Progress

The Centrality of Disparate Impact Analysis in the Fair Housing Act

The Centrality of Disparate Impact Analysis in the Fair Housing Act

If the U.S. Supreme Court rules that the Fair Housing Act does not prohibit policies with a discriminatory impact, potential renters and homeowners will lose a vital tool to ensure that they have equal access to housing.

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idea_bulbIn a ruling later this month, the U.S. Supreme Court could rule against a vital, long-standing tool for fighting housing discrimination against people with disabilities, families and women with children, people of color, and same-sex couples. In Texas Dept. of Housing and Community Affairs v. The Inclusive Communities Project, the state of Texas challenges the decades-old principle that the Fair Housing Act of 1968 should prohibit all housing policies that result in discrimination, regardless of whether they were put in place with the intent to discriminate.

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