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Texas Takes Section 8 Housing Bias Row To High Court

Law360, New York (May 27, 2014, 6:56 PM EDT) -- Texas’ housing department has asked the U.S. Supreme Court to decide whether disparate impact claims can be heard under the Fair Housing Act, after an advocacy group sued the department for allegedly disproportionately allocating tax credits that qualified housing for Section 8 to properties in minority-populated areas.

In its May 13 petition, the Texas Department of Housing and Community Affairs also asked the high court to decide — if disparate impact claims are found to be cognizable under the FHA — what standards and burdens of proof should apply.

The agency contends that these questions are indistinguishable from the questions the...

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