In a case that has been percolating for over 14 years, the federal Second Circuit Court of Appeals concluded last month that the Village of Garden City, New York engaged in racial discrimination in violation of the federal Fair Housing Act (FHA) as a result of unlawful zoning practices. The Second Circuit’s decision came in
inclusionary housing
Disparate Impact Liability Survives U.S. Supreme Court Review
By Brian J. Connolly on
In a 5-4 decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., the U.S. Supreme Court upheld the use of disparate impact analysis in Fair Housing Act claims.
Continue Reading Disparate Impact Liability Survives U.S. Supreme Court Review
California Supreme Court: Mandatory Affordable Housing Requirements Are Valid Land Use Regulations
By Brian J. Connolly on
Last week, in a case with national significance for multifamily housing developers, housing advocates, and local governments, the California Supreme Court upheld the City of San Jose’s inclusionary housing ordinance.
Continue Reading California Supreme Court: Mandatory Affordable Housing Requirements Are Valid Land Use Regulations