Inclusive Communities Project, Inc. v. Lincoln Property Company

Certain Dallas landlords refuse to accept “Section 8” vouchers, which are federal rent subsidies for low-income tenants. (Landlord participation in Section 8 is voluntary.) But the users of those vouchers are disproportionately members of racial minorities. And—since a 2015 Supreme Court case—the federal Fair Housing Act can prohibit housing policies that disproportionately affect minority groups. So does the refusal to accept Section 8 vouchers violate the Fair Housing Act? Fifth Circuit (2–1): It does not. The Supreme Court said to be careful of claims like this, which take disparate impact liability too far.

Tags: 2019, Disparate Impact, Fair Housing Act, Fifth Circuit, Landlord, Tenant

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