The U.S. Supreme Court ruled this morning that disparate impact claims are cognizable under the Fair Housing Act. Justice Kennedy wrote the majority opinion in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc., in which Justices Ginsburg, Breyer, Sotomayer and Kagan joined. Justice Alito wrote a dissenting opinion, in which Chief Justice Roberts and Justices Thomas and Scalia joined. Justice Thomas also wrote a separate dissenting opinion.
We will be closely reviewing the three opinions, which total 75 pages in length. On
July 1, 2015, from 12:00 PM to 1:00 PM ET, we will hold a webinar in which we will analyze the decision and its rationale and explore its potential implications for mortgage and
non-mortgage creditors. A link to register is available here.