Skip to main content
- Smaller Text | + Larger Text

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

  • Synopsis: Published: 2015-01-19 - Statement from the Texas Apartment Association Regarding Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.. For further information pertaining to this article contact: Texas Apartment Association at www.taa.org.

Main Document

"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."

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.



Related:

  1. Affordable Housing Program Grant Helps Low-Income Borrowers with Disabilities - Federal Home Loan Bank of Dallas - (2014-11-14)
    https://www.disabled-world.com/disability/housing/borrowers.php
  2. Moving from an Apartment to Owning a Home - A Disability Perspective - Thomas C. Weiss - (2013-05-31)
    https://www.disabled-world.com/disability/housing/moving.php
  3. What Do Disabled Veterans Come Home To - Purple Heart Homes - (2014-11-11)
    https://www.disabled-world.com/disability/housing/returning.php



     What will I receive?

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. Also see information on blood group types and compatibility.


  1. Sign Language May Offer Answer to Meaning of Music
  2. FDA Warning: Potential Contamination in Multiple Brands Of Drugs, Dietary Supplements
  3. Evidence Supports Effectiveness of Mental Health Programs in Schools
  4. Prediabetes: The Best Bad News You Can Get




Citation