Ruling on Disparate Impact Opens the Door for More Claims and Cases via Property Management Insider

The Supreme Court’s landmark decision on whether the Fair Housing Act supports the concept of disparate impact in housing discrimination cases is likely to open Pandora’s Box. The 5-4 ruling in June means a run on new and pending claims, housing industry experts say.

In an attempt to clarify a long-standing issue, the high court ruled that someone can be liable without intent to discriminate in Texas Department of Housing and Community Development v. The Inclusive Communities Project, Inc. In the decision, the justices agreed that “recognition of disparate-impact claims is consistent with the FHA’s central purpose, and that “unlawful practices include zoning laws and other housing restrictions that function unfairly to exclude minorities from certain neighborhoods without any sufficient justification.”

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