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Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc.
Citation:
576 U.S. 519 (2015)Facts
The Inclusive Communities Project, Inc. (ICP) assists low-income families in obtaining affordable housing in Dallas, Texas. In 2008, ICP sued the Texas Department of Housing and Community Affairs, claiming that the Department’s allocation of federal low-income housing tax credits had a disparate impact on minorities. The Department distributes these credits according to a point system that prioritizes statutory criteria such as financial feasibility and tenant income levels. ICP presented statistical evidence showing that the Department approved tax credits for 49.7% of proposed non-elderly units in areas with less than 10% Caucasian residents, but only 37.4% in areas with 90-100% Caucasian residents. Additionally, 92.29% of low-income housing tax credit units in Dallas were located in census tracts with less than 50% Caucasian residents. ICP argued that this allocation pattern perpetuated segregated housing and that the Department needed to modify its selection criteria to encourage construction of low-income housing in suburban communities.
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