This article begins with a brief history of disparate impact theory as it relates to fair housing cases. It then proceeds to an overview of two previous cases on this issue to reach the Supreme Court in recent years. Next, it analyzes the Inclusive Communities opinion, discussing both the Court's affirmation of integration as a fair housing goal and its skepticism of whether plaintiffs can succeed using disparate impact theory in cases like the one at bar. The article concludes by locating the opinion's focus on competing priorities within the historical tension between affordable housing/community development and integration and discussing the ramifications that this tension has for the use of disparate impact theory going forward.
Rigel C. Oliveri, Disparate Impact and Integration: With TDCA v. Inclusive Communities the Supreme Court Retains an Uneasy Status Quo, 24 J. Affordable Hous. & Cmty. Dev. L. 267, 286 (2015)