Later Developments

• Library: The Zoning and Land Use Handbook (ABA) (2016 Ed.)

Disparate Impact

Texas Department of Housing and Community Affairs, et al. v. Inclusive Communities Project, Inc., et al., 135 S. Ct. 2507, 2519 (2015).

The plaintiffs, Inclusive Communities Project, Inc., a Texas-based non-profit corporation assisting low-income families to obtain affordable housing brought a "disparate impact" claim under the Fair Housing Act alleging that the Texas Department of Housing and Community Affairs had caused continued segregated housing patterns by allocating too many tax credits to housing in predominately black inner city areas and too few in predominately white suburban neighborhoods. Id. at 2507.

The plaintiffs relied on statistical evidence and the district court concluded that the ICP had established a prima facie showing of disparate impact. The United States Supreme Court in a 5 to 4 decisions held that disparate...