Supreme Court upholds Fair Housing Act
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Shontee Pant Staff writer
About 62,000 people joined the today as the eagerly awaited decision in the case Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. was announced.
In a move that is widely being viewed as a victory for civil rights groups, the Supreme Court voted to uphold the ruling of the Appellate Court, finding that discriminatory housing lawsuits can be based on 聽under the聽聽(FHA) of 1968.聽Disparate-claims show discrimination based on the effect of the policy rather than its intent. The to allow for these disparate-impact claims聽in 2013.聽聽
The decision was split by a 5-4 vote, with Justice Anthony Kennedy delivering the opinion of the court.
Justice Samuel Alito filed a dissenting opinion, joined by Chief Justice John Roberts, Justice Antonin Scalia, and Justice Clarence Thomas (who filed a separate dissenting opinion as well). 聽
鈥淭he Court acknowledges the Fair Housing Act鈥檚 continuing role in moving the Nation toward a more integrated society,鈥� wrote Justice Kennedy in the majority opinion. 聽
The question initially facing the court was centered on the choice being between the inner city or the suburbs. Developers receive tax credits to build low-income housing, and the credits are distributed by state agencies. In the State of Texas, the credits are distributed by the Texas Department of Housing and Community Affairs.
The basis of the argument made by The Inclusive Communities Project, Inc., a non-profit organization, is that the聽聽is applicable to the Fair Housing Act. The 5th Circuit Court of Appeals found that the聽聽reversing the decision of the lower court. The Supreme Court upheld the decision of the appellate court.
The non-profit is an organization that The group contended that the state鈥檚 allocation of tax credits continued segregation by granting a disproportionate number of credits to predominantly black, inner-city areas and relatively fewer credits in largely white-suburban locations.
The case began in the . The evidence presented to the District Court by the Inclusive Communities Project showed that in a nine-year period, beginning in 1999 the Texas Department of Housing and Community Affairs approved . Additionally, over 90 percent of the low-income housing units in Dallas were located in areas with less than 50 percent Caucasian residents.
With this evidence, the District Court determined that the tax-credit granting department for low-income housing in Texas needed to rebut the evidence presented by the non-profit organization, and found that department unable to do so. The court subsequently ordered that the housing department remedy the situation.
The , located in New Orleans, determined that disparate-impact claims could be recognized under the Fair Housing Act, but the burden that the District Court placed on the Texas Department of Housing and Community Affairs to find an alternative for less discriminatory practices of housing was improper. The Supreme Court affirmed this ruling Thursday.聽
聽from above 75 percent to below 55 percent from 1970 to 2010 in the聽Dallas-Fort Worth area. However, the metroplex ranks 7th in metropolitan areas that have the highest levels of income segregation according to the . The institute is part of the University of Toronto鈥檚 Rotham School of Management and aims according to the university鈥檚 website.聽
In this light, Justice Kennedy cautioned that 鈥淢uch progress remains to be made in our Nation鈥檚 continuing struggle against racial isolation.鈥�
