Supreme Court Upholds 'Disparate Impact' in Key Fair Housing Decision

A highly anticipated Supreme Court ruling on the concept of "disparate impact" at the heart of the Fair Housing Act.

1 minute read

June 25, 2015, 10:00 AM PDT

By James Brasuell @CasualBrasuell


"The Supreme Court of the United States issued an opinion Thursday morning that affirms the understanding of housing discrimination that has guided the nation for nearly 50 years," reports Kriston Capps.

"Led by Justice Anthony Kennedy, the Supreme Court ruled by 5-4 to affirm the decision of the Fifth Circuit in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project. The ruling supports one of the tentpoles of the nation’s Civil Rights legislation."

The decision will allow lawsuits against policies that prove to have adverse effects for minority populations, regardless of the intentions of the policies. The legal ability to prove "disparate impact" is, as Capps referenced, a central tenant of the Fair Housing Act of 1968.

Capps provides the context for the ruling and the controversy in Texas that led to the Supreme Court case and also notes that the decision came as a little bit of a surprise.

In a separate article, Tez Clarke also reports on the ruling with a succinct, point-by-point explainer of the ruling.

Thursday, June 25, 2015 in CityLab

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

October 28, 2026 - Zachary Whalen

A car drives through a puddle, making a large splash. Rain pours down.

California plans to bury El Niño’s downpour

If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.

October 28, 2026 - Grist

Lake Powell with much of the water evaporated.

Desperate measures: Advocates weigh draining Lake Powell to fill Colorado River

Draining the reservoir could reduce evaporation losses by a couple hundred thousand acre-feet.

October 30, 2026 - Yale Environment 360

A Firefighter sprays water from a hose at a tall blaze.

US buildings threatened, destroyed by fires set to triple by 2060

Researchers found a high fire risk for socioeconomically vulnerable neighborhoods in the American West.

November 4 - Inside Climate News

People cross a crosswalk in Los Angeles.

LA residents may be allowed to paint their own crosswalks

Councilwoman Katy Yaroslavsky put out a motion instructing the Los Angeles Department of Public Transportation to study the feasibility of allowing volunteers to paint crosswalks.

November 4 - ABC7

Two women walking on the sidewalk in Dallas.

Dallas moves to overhaul its zoning code

The city's zoning reform will allow more multi-family and mixed-use developments.

November 4 - Yahoo News