View Author June 2015
In a much-anticipated decision, the United States Supreme Court held on June 25, 2015, in a 5-4 decision, that disparate impact claims are cognizable under the Fair Housing Act (FHA). The Court’s decision in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Case No. 13-1371, resolved an issue that most federal circuits had considered settled for years, permitting the application of the disparate impact theory to discrimination cases. And while the Court placed some limits on the breadth and applicability of these claims, a number of important questions remain unanswered.