Tag Archives: disparate impact claims

The U.S. Supreme Court ruled on Thursday by a 5-4 vote in the case of Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. that disparate impact claims can legally be brought about under the Fair Housing Act of 1968.

Representative Scott Garrett (R-New Jersey) proposed the amendment to H.R.2578, known as the Fiscal Year 2016 Commerce, Justice, and Science Appropriations Act, sponsored by Representative John Abney Culberson (R-Texas) and introduced on May 27. The act, including Garrett's amendment, passed largely among party lines by a vote of 242 to 173 on Wednesday with only 12 Democrats voting in favor and only 10 Republicans voting against.

Now that the U.S. Supreme Court has heard arguments both for and against the controversial "disparate impact" rule in housing, stakeholders on both sides are awaiting the Court's decision as to whether or not disparate impact claims can be made under the Fair Housing Act.

A federal judge ruled on Monday that the Fair Housing Act does not allow for so-called "disparate impact" claims, which are allegations that can be made based on neutral practices that may unintentionally have a discriminatory effect.