Texas apartment group joins disparate impact challenge

The U.S. Supreme Court decided to uphold disparate impact liability under the Fair Housing Act, a legal theory that prohibits neutrally-applied practices with a disproportionate impact on minority groups protected by the law, even without proving an intent to discriminate. The 5-4 decision in Texas Department of Housing and Community Affairs v.

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Texas Apartment Association, Austin, Texas. 4.5K likes. The Texas Apartment Association is a non-profit statewide trade association dedicated to unifying.

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that would decide whether disparate impact is a valid theory of liability under the Federal Fair Housing Act.1 Disparate impact is best understood as a method for proving housing discrimination without having to show that the discrimination was intentional. Under disparate impact theory, most courts, as well as HUD, use a "burden shifting.

"An unlawful discriminatory practice based upon disparate impact is established when: (1) the commission or a person who may bring an action under chapter four or five of this title demonstrates that a policy or practice of a covered entity or a group of policies or practices of a covered entity results in a disparate impact to the detriment of.

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The Texas Apartment Association is a non-profit statewide trade association dedicated to unifying. Jump to. Sections of this page. Join TAA’s FREE webinar to learn how these changes impact your operations, and the additional protections the new law offers you, and your residents.

The theory of disparate impact arose from the Supreme Court’s landmark decision in Griggs v. Duke Power Co. (1971), a case presenting a challenge to a power company’s requirement that employees pass an intelligence test and obtain a high-school diploma to transfer out of its lowest-paying.

The U.S. Supreme Court decided to uphold disparate impact liability under the Fair Housing Act, a legal theory that prohibits neutrally-applied practices with a disproportionate impact on minority groups protected by the law, even without proving an intent to discriminate. The 5-4 decision in Texas Department of Housing and Community Affairs v.

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In an unexpected defeat for the Texas Department of Housing and Community Affairs, and for conservatives more generally, the court by a 5 to 4 vote concluded the so-called "disparate impact.