Fair Housing
The 'Inclusive Communities' Supreme Court case (2015, involving the Texas Department of Housing) established that:
AFair housing claims can only be based on intentional discrimination
BDisparate impact claims are cognizable under the Fair Housing Act, meaning policies with discriminatory effects can violate the Act even without discriminatory intent✓ Correct
CStates can opt out of federal fair housing requirements
DPrivate landlords with fewer than 5 units are fully exempt from fair housing
Explanation
Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project (2015) confirmed that disparate impact claims are legally cognizable under the Fair Housing Act. This means that policies that are facially neutral but have a statistically significant disproportionate adverse effect on protected classes can violate the FHA even without discriminatory intent.
Related Texas Fair Housing Questions
- A Texas mortgage company's policy of requiring a higher credit score for loans in minority neighborhoods than in comparable predominantly white neighborhoods would be an example of:
- Under the Fair Housing Act, 'reasonable accommodation' for a person with a disability might include:
- A Texas community has a policy of only marketing new homes to families with children in a specific school district, excluding adults without children. This policy:
- A Texas landlord refuses to rent to a family because they have two young children. This is most likely a violation of:
- A Texas buyer's agent shows a Jewish buyer only properties in neighborhoods without synagogues because the agent assumes the buyer wouldn't want to drive far to religious services. This is:
- A landlord's refusal to rent to a person because they use a wheelchair and would require a grab bar installation in the bathroom is:
- A Texas property owner who engages in discriminatory housing practices may face penalties under the Fair Housing Act including:
- A Texas property owner renting out a single-family home using their own resources (no agent, no financing) may claim a limited exemption from the FHA, sometimes called the 'Mrs. Murphy' exemption, if:
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