Title

The Community Preference Policy: An Unnecessary Barrier to Minorities’ Housing Rights

Abstract

In this blog post, the author addresses housing restrictions that discriminate against "outsiders" in favor of local residents. Local preferences imposed by predominantly white communities in racially diverse areas may reflect intentional discrimination. But even if they do not, such preferences invite FHA disparate-impact claims, a long-recognized method of establishing liability that was recently endorsed by the Supreme Court in Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., 135 S.Ct. 2507 (2015).

Document Type

Commentary

Publication Date

11-2015

Notes/Citation Information

Robert G. Schwemm, The Community Preference Policy: An Unnecessary Barrier to Minorities’ Housing Rights, NYU Furman Center (Nov. 2015), http://furmancenter.org/research/iri/essay/the-community-preference-policy-an-unnecessary-barrier-to-minorities-housin.

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