HUD Secretary Julián Castro Statement on Ruling in Texas Department of Housing
and Community Affairs v. The Inclusive Communities Project, Inc.
WASHINGTON – Today, the U.S. Supreme Court reaffirmed an important legal principle in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. The Justices found that the Fair Housing Actnot only prohibits intentional acts of discrimination, but also housing practices that have an unjustified discriminatory effect. In preserving the discriminatory effects standard – also known as “disparate impact” – the Court today upheld four decades of judicial precedent from 11 appellate courts across the country.
HUD Secretary Julián Castro issued the following statement in response to the Court’s ruling:
“Today is another important step in the long march toward fulfilling one of our nation’s founding ideals: equal opportunity for all Americans. The Supreme Court has made it clear that HUD can continue to use this critical tool to eliminate the unfair barriers that have deferred and derailed too many dreams. Working with our partners on the ground, we will continue to do all we can to build a housing market that treats all Americans with basic dignity and respect.”
In 2013, HUD formalized the discriminatory effects standard through a rule-making process. Since the 1970s, courts have consistently recognized that policies and practices that unnecessarily limit housing opportunities or otherwise perpetuate segregation because of race, color, national origin, religion, sex, disability, or familial status violate the Fair Housing Act.