This note asserts that exclusionary zoning and housing based on income or economic standing can have a disparate impact on race. The disparate impact standard of the Fair Housing Act of 1968, 42, U.S.C.S § 3601 et seq., used in the Texas Department of Housing and Community Affairs v. Inclusive Communities, does not do enough to aid plaintiffs in bringing claims where there is a racial disparity in housing. Part One of this paper will discuss the Federal policies that historically contributed to the wealth gap that exists on the basis of race, the legacy of these policies, and how they affect wealth in modern-day. Part Two will discuss the intent of the Fair Housing Act and argue that economic standing touches and affects race: a class intended to be protected by the act. Lastly, Part Three will examine the standard set by the United States Supreme Court in the Texas Department of Housing and Community Affairs v. Inclusive Communities case and argue that this disparate impact acts as both a bridge and a barrier for bringing claims under the Fair Housing Act.
Bridge or Barrier: The Intersection of Wealth, Housing, and the Disparate Impact Standard,
Fla. A&M U. L. Rev.
Available at: https://commons.law.famu.edu/famulawreview/vol17/iss2/11