Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.

law case

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July 21, 2026

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The case of Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (2015) addressed the concept of disparate impact in housing discrimination. This legal theory allows for challenges to housing practices that appear neutral but disproportionately harm protected groups. The Supreme Court affirmed that disparate-impact claims can be brought under the Fair Housing Act. However, the ruling also established limits, requiring plaintiffs to identify specific policies causing the disparity and giving housing authorities leeway to justify their policies based on valid interests. This case clarified how disparate impact applies to housing, building on earlier legal precedents concerning discrimination.1

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disparate impact
Evolution of disparate impact theory
…the Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (2015), which endorsed an interpretation of the Fair Housing Act that had permitted disparate-impact challenges to allegedly discriminatory housing policies or practices but also articulated new limits on the scope of such actions,…
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…the Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (2015), which endorsed an interpretation of the Fair Housing Act that had permitted disparate-impact challenges to allegedly discriminatory housing policies or practices but also articulated new limits on the scope of such actions,…
Read More