The Fair Housing Act (FHA) makes it illegal to refuse to sell or rent or to "otherwise make unlawful or deny" housing to a person because of a protected characteristic, including race. The case asks the Court to determine whether the FHA covers disparate impact claims, where a plaintiff alleges discrimination based on the disparate impact that a defendant's facially neutral practice has on members of a group who share a protected characteristic.
Rigel C. Oliveri,
Are Disparate Impact Claims Cognizable under the Fair Housing Act: Texas Department of Housing and Community Affairs v. Inclusive Communities Project, 42 Preview of United States Supreme Court Cases 148
Available at: https://scholarship.law.missouri.edu/facpubs/848