Disparate Impact

Disparate impact is a way to analyze if a "neutral" policy disadvantages a member of a protected class

this webpage is under construction. right now you may want to check out http://home.rhinohio.com for an analysis of the Inclusive Communities case at the Supreme Court.

Types of cases where disparate impact analysis maybe useful

Eligibility restrictions that are unrelated to performance as a tenant for example

geographic eligibility (must live in a particular area to apply
educational attainment
required to be employed (this is different than requirements to show ability to pay rent)
No Housing Choice Voucher or third party payees
Married living together

Lease or house rules that impinge on a member of a protected class

rent due on the first else evict could discrininate against a person on Federal assistance, eg. disability
requirement that rent be paid in person

Some good articles on disparate impact

http://www.rooflines.org/3977/theres_really_no_argument_against_disparate_impact/

http://www.propublica.org/article/disparate-impact-and-fair-housing-seven-cases-you-should-know

http://nlihc.org/article/supreme-court-hear-disparate-impact-fair-housing-case

http://www.rooflines.org/3977/theres_really_no_argument_against_disparate_impact/

http://www.propublica.org/article/living-apart-how-the-government-betrayed-a-landmark-civil-rights-law

Scholarly Studies

Racial Integration and Community Revitalization:Applying the Fair Housing Act to theLow Income Housing Tax Credit
https://www.law.umn.edu/uploads/91/00/910025e37bde290347fa006d64eb5be0/18a-Racial-Integration-and-Community-Revitalization.pdf

Mandates unsatisfied: The Low Income Housing Tax Credit Program and the Civil Rights Laws, 52 U. of Miami Law Review 1011 (1998)
https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=52+U.+Miami+L.+Rev.+1011&srctype=smi&srcid=3B15&key=28f64b684bba5da3accdb1b9d2e5f0b0 (pay wall)

Notes & Links

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