On June 5, 2015, in a 5-4 split, the US Supreme Court held that disparate-impact claims are cognizable under the Fair Housing Act.
The Court reaffirmed the consistent finding of the federal courts over the past four decades that the Fair Housing Act bars not only intentional discrimination, but also policies that have an unwarranted disparate impact.
Courts have consistently recognized that policies and practices that unnecessarily limit housing opportunities or otherwise perpetuate segregation because of race, color, national origin, religion, sex, disability, or familial status violate the Fair Housing Act.