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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
5-12-2016
Repository Citation
Schwemm, Robert G., "The Community Preference Policy: An Unnecessary Barrier to Minorities’ Housing Rights" (2015). Law Faculty Popular Media. 10.
https://uknowledge.uky.edu/law_facpub_pop/10
Schwemm - Image of Blog Post
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.