Skip to main content
Accessibility|Contact|Privacy|Terms|Cookies

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

  • Published: 2015-01-19 : Author: Texas Apartment Association : Contact: www.taa.org
  • Synopsis: Statement from the Texas Apartment Association Regarding Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc..

Quote: "For example, a race-neutral decision to ban felons from renting property could be challenged under disparate impact based on the claim that a protected class is more likely to be affected."

Main Document

Every day housing providers work to eliminate housing discrimination and make their residences available to all, without regard to race, color, national origin, religion, sex, familial status or disability.

Exposing housing providers to expensive and unnecessary litigation due to disparate impact claims hinders our industry's ability to provide quality, safe housing.

In our amicus curiae brief we are urging the nation's highest court to follow the wording and the clearly stated intent of Congress when it passed the U.S. Fair Housing Act. The brief argues that the text and history of the law does not allow disparate impact claims, but instead authorizes only claims based on intentionally discriminatory conduct. Failure to bar disparate impact claims would impose severe consequences - unintended by Congress - on routine decision-making by housing providers to the detriment of property owners and residents.

For example, a race-neutral decision to ban felons from renting property could be challenged under disparate impact based on the claim that a protected class is more likely to be affected. If the property owner could not afford to defend a lawsuit they might simply drop the requirement, making it more difficult for property managers to create a safe and secure community for residents.

It should be noted that while it is very difficult for defendants to recover attorney's fees, even if they prevail in court litigation, including this case, lawsuits often come from special interest groups that are in some cases funded with our tax dollars. Defending allegations of disparate impact, even if those allegations are proved to be without merit, is costly and stigmatizing.

George B. Allen, CAE, TAA Executive Vice President

The Texas Apartment Association (TAA) is a trade association representing rental housing owners, managers, and companies that supply services to the rental housing industry.

The Austin-based association has more than 11,000 members who own or manage more than 1.9 million rental housing units in Texas.

TAA has 25 local affiliated associations in markets around the state.

Discussion

• Have your say! Add your comment or discuss this article on our FaceBook Page.

Similar Topics

1 : Housing and Disabled People: Britains Hidden Crisis : Ekklesia.
2 : The Enormous Impact of Home Evictions on Mental Health : University of Granada.
3 : Innovative Affordable Housing Ideas Highlighted at GHF UN Convocation : Global Housing Foundation.
4 : DOJ Files Complaint Against City of LA and CRA/LA Alleging They Fraudulently Obtained Millions in Housing Grants for Disabled : USDOJ Office of Public Affairs (SMO).
5 : Is Buying a House Cheaper Than Renting a Home : Zillow.
From our Housing and Homes section - Full List (69 Items)


Submit disability news, coming events, as well as assistive technology product news and reviews.


Loan Information for low income singles, families, seniors and disabled. Includes home, vehicle and personal loans.


Famous People with Disabilities - Well known people with disabilities and conditions who contributed to society.


List of awareness ribbon colors and their meaning. Also see our calendar of awareness dates.


Blood Pressure Chart - What should your blood pressure be, and information on blood group types/compatibility.





1 : 20 New Episodes of Letters to Lynette with Dr. Lynette Louise to Air on The Autism Channel in 2018
2 : Turnstone Center Designated as Official Paralympic Training Site by US Olympic Committee
3 : Help Your Child in School by Adding Language to The Math
4 : 50% of Retirees Saw Little or No COLA Increase in Net 2018 Social Security Benefits
5 : Turnstone Endeavor Games Concludes with National Records Broken
6 : Spinning in Circles and Learning From Myself by Tsara Shelton
7 : St. Louis HELP Medical Equipment Donation Drive Generates Record-Breaking Results
8 : People Who Snore Suffer from Palate Nerve and Muscle Damage


Disclaimer: This site does not employ and is not overseen by medical professionals. Content on Disabled World is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. See our Terms of Service for more information.

Reporting Errors: Disabled World is an independent website, your assistance in reporting outdated or inaccurate information is appreciated. If you find an error please let us know.

© 2004 - 2018 Disabled World™