Supreme Court preserves disparate-impact fair housing claims

The Supreme Court rules in Texas Department of Housing and Community Affairs v. Inclusive Communities Project on June 25, 2015, that disparate-impact claims are available under the Fair Housing Act. The case involves claims that tax-credit housing decisions reinforced racial segregation in the Dallas area. Justice Anthony Kennedy writes that the Fair Housing Act reaches some policies that have discriminatory effects, even without proof of discriminatory intent. The Court also warns lower courts to apply safeguards so defendants are not held liable for racial disparities alone. Disparate impact is a key tool for challenging systemic racism in housing markets and government programs.