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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






Scholarly Studies

Racial Integration and Community Revitalization:Applying the Fair Housing Act to theLow Income Housing Tax Credit

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