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The disparate impact theory has application also in the housing context under Title VIII of the Civil Rights Act of 1968, also known as the Fair Housing Act. The ten federal appellate courts that have addressed the issue have all determined that one may establish a Fair Housing Act violation through the disparate impact theory of liability.
Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015), was a United States Supreme Court case in which the Court analyzed whether disparate impact claims are cognizable under the Fair Housing Act. [1]
Disparate impact is a facially neutral housing policy that negatively impacts minorities or other protected groups of people. [31] The Supreme Court upheld the decades long practice of holding housing providers liable for housing discrimination under a disparate impact theory in 2015. [32]
Metropolitan Housing Development Corp, 429 U.S. 252 (1977), was a case heard by the Supreme Court of the United States dealing with a zoning ordinance that in a practical way barred families of various socio-economic, and ethno-racial backgrounds from residing in a neighborhood. The Court held that the ordinance was constitutional because there ...
In disparate impact claims, a prima facie case of discrimination is established by showing that the challenged practice of the defendant actually or predictably results in racial discrimination. [18] This analysis focuses on facially neutral policies that may have a discriminatory effect.
Land developer Cody Bjugan, founder of Allied Development, put it succinctly: “We have a housing shortage across America, creating affordability issues. The median home price is around 5.2 times ...
This disparate treatment of a person on the housing market can be based on group characteristics or on the place where a person lives. [ 1 ] The most straightforward form of housing discrimination involves a landlord who rejects offers from potential tenants based on factors such as race , age , gender , marital status , source of funding, [ 2 ...
"It is well-established that the criminal justice system has a disparate impact on people of color, including Native Hawaiians. ... authority during the housing emergency, the BWS said July 26 ...