Texas apartment group joins disparate impact challenge

November 30, 2014
Texas Apartment Association is joining a challenge to the Fair Housing Act and the government’s use of the controversial disparate impact doctrine in housing.
     TAA’s amicus curiae brief in the case of Texas Dept. of Housing vs. Inclusive Communities argues that the text and history of the law confirm that it does not allow disparate impact claims, but instead authorizes only claims based on intentionally discriminatory conduct.
     “TAA goes on to explain that construing the Fair Housing Act to permit disparate-impact claims would impose severe consequences—unintended by Congress—on routine decision-making by housing providers. Sutherland represents TAA in the matter,” according to an analysis from jdsupra.com.