The Community Preference Policy: An Unnecessary Barrier to Minorities’ Housing Rights
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).
Schwemm, Robert G., "The Community Preference Policy: An Unnecessary Barrier to Minorities’ Housing Rights" (2015). Law Faculty Popular Media. 10.