3B. Key Issues in Disparate Impact Fair Housing Litigation after Texas Department of Housing & Community Affairs v. Inclusive Communities Project
In its landmark 2015 decision Texas Department of Housing & Community Affairs v. Inclusive Communities Project (ICP), the U.S. Supreme Court recognized the viability of disparate impact claims under the Fair Housing Act. However, dicta in Justice Kennedy’s majority opinion has provided fodder for attempts to limit the scope of disparate impact liability and undermine HUD’s 2013 disparate impact regulation. In particular, courts have differed on how to apply language from ICP stating that plaintiffs must demonstrate a robust causal relationship between a challenged policy or practice and a statistical disparity. Presenters will discuss recent major developments in disparate impact case law and practical lessons learned from their experience.