ABSTRACT
In 2015, the Supreme Court confirmed in Texas Department of Housing and Community Affairs v. Inclusive Communities Project that disparate-impact liability is a central tool in eliminating practices that are neutral on their face but perpetuate segregation or result in a negative discriminatory effect against members of a protected class. Although some policies or practices may not be implemented for a discriminatory reason, they may exacerbate and perpetuate the effects of prior racial discrimination. Housing, lending, and insurance markets were once bastions of overt discrimination, and some government practices, such as exclusionary zoning, inhibit the achievement of residential integration. Violations of the Fair Housing Act based on disparate impact have played a critical role in remedying exclusionary policies and practices and will continue to be an important tool in realizing the promise of the Fair Housing Act.
