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Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.
Citation:
135 S. Ct. 2507 (2015).Facts
The Defendant, the Texas Department of Housing and Community Affairs, was in charge of distributing federal tax credits for the development of housing units in low-income families. Congress directed states to develop their own plans for identifying selection criteria for the distribution of these credits. These plans had to include certain statutory criteria but could also allow other criteria.
Under Texas law, an application for the tax credits by a developer is scored under a point system that gave priority to statutory criteria like the financial feasibility of the development project and the income level of the tenants. It also included other additional criteria, but these could not be awarded more points than the statutorily mandated criteria.
The Plaintiff, the Inclusive Communities Project, Inc., was a non-profit corporation that assisted low-income families in obtaining affordable housing. The Plaintiff sued the Defendant in federal district court on a disparate impact claim under the Fair Housing Act. The Plaintiff alleged that the Defendant had caused a continued segregated housing patterns through disproportionate allocation of the tax credits and granted too many credits for housing in predominately black inner-city areas and not enough in predominantly white suburbs.
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Topic Resources
Topic Outline
Landlord and Tenant Duties and Remedies for Breach