Disparate impact. It’s a legal doctrine that may be coming soon to your suburb (if you’re part of the national majority living in suburbs).
Bringing it there will be the Obama Department of Housing and Urban Development’s Affirmatively Furthering Fair Housing program. It has been given a green light to impose the rule from Justice Anthony Kennedy’s majority opinion in the Supreme Court’s 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project.
The decision purports to interpret the Fair Housing Act of 1968 as authorizing lawsuits if municipal policies have a “disparate impact” as measured by the racial percentages of those affected — this despite the fact that the words of the Fair Housing Act prohibit only intentional racial discrimination.
HUD’s 377-page Affirmatively Furthering Fair Housing rule requires municipal governments to “perform an assessment of land use decisions and zoning to evaluate their possible impact on fair housing choice.” An accompanying document says that this includes “land use and zoning laws, such as minimum lot sizes, limits on multi-unit properties, height limits, or bedroom-number limits as well as requirements for special use permits (and) occupancy regulations” that might be “factors contributing to segregated housing patterns.”
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Legalized block busting.
https://www.youtube.com/watch?v=Lrhkex9Ufs0
David DeGerolamo
