Comments Of Senator Patrick Leahy (D-Vt.), Ranking Member, Senate Judiciary Committee, On The Supreme Court’s Decision In Texas Dept. Of Housing And Community Affairs v. The Inclusive Communities Project

The Supreme Court ruled 5-4 on Thursday that the Fair Housing Act (FHA) authorizes a plaintiff to show that she was discriminated against based on a showing of “disparate impact.” The FHA prohibits discrimination in the sale or rental of housing. Every circuit court that has ruled on this issue has interpreted the statute to allow for a showing of discrimination based on disparate impact, which is an allegation that a law or practice has a discriminatory effect, even if it isn’t based on a discriminatory purpose.