The question of whether "disparate impact" is a legal
and valid theory of discrimination under the Fair
housing Act is finally answered by our highest Court:
The Supreme Court in, TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS ET AL. v.
INCLUSIVE COMMUNITIES PROJECT, INC., ET
AL., affirmed that the Fair Housing Act of 1968 as Amended
in 1988, does allow not only claims for intentional
discrimination but also for claims that cover practices that
have a discriminatory effect even if not motivated by an
intent to discriminate.