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Texas Dept. of Hous. and Cmty. Affairs v. Inclusive Communities Project, Inc.
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Texas Dept. of Hous. and Cmty. Affairs v. Inclusive Communities Project, Inc. : ウィキペディア英語版
Texas Dept. of Hous. and Cmty. Affairs v. Inclusive Communities Project, Inc.

''Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc.'', , was a United States Supreme Court case in which the Court analyzed whether disparate impact claims are cognizable under the Fair Housing Act.〔''Texas Dept. of Hous. and Cmty. Affairs v. Inclusive Communities Project, Inc.'', No. 13-1371, 576 U.S. ___, slip op. at 23 (2015).〕 In Justice Anthony Kennedy's majority opinion, the Court held that Congress specifically intended to include disparate impact claims in the Fair Housing Act, but that such claims require a plaintiff to prove it is the defendant's policies that cause a disparity.〔''Inclusive Communities Project'', slip op. at 16-17, 19-20.〕
==Background==
The Federal Government provides tax credits for developers who build low income housing.〔.〕 These credits are administered by designated state agencies, and preference is given for the development of housing in low-income areas.〔26 U.S.C. §§ 42(d), 42(m).〕 The Inclusive Communities Project is a Texas-based non-profit organization that helps low-income families obtain affordable housing.〔''Inclusive Communities Project'', slip op. at 2.〕 In 2008, they filed suit against the Texas agency responsible for administering these tax credits, claiming it disproportionately allocated too many tax credits "in predominantly black inner-city areas and too few in predominantly white suburban neighborhoods."〔''Inclusive Communities Project'', slip op. at 2-3.〕 To support their claim, the Inclusive Communities Project cited statistics that showed "92.29% of (housing tax credit ) units in the city of Dallas were located in census tracts with less than 50% Caucasian residents."〔''Inclusive Communities Project'', slip op. at 3 (internal quotations and citations omitted).〕 Both the District Court and the United States Court of Appeals for the Fifth Circuit ruled in favor of the Inclusive Communities Project, holding that disparate impact claims are cognizable under the Fair Housing Act.〔''Inclusive Communities Project'', slip op. at 4-5; Ariane de Vogue, ''(Court upholds key tool to combat housing discrimination )'', CNN, June 25, 2015 (last visited July 5, 2015).〕 The Texas Department of Housing and Community then appealed to the Supreme Court of the United States.〔''Inclusive Communities Project'', slip op. at 5.〕

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