INCLUSIVE COMMUNITIES PROJ. v. TX. DEPT. OF HO.

Nos. 12-11211, 13-10306.

747 F.3d 275 (2014)

The INCLUSIVE COMMUNITIES PROJECT, INCORPORATED, Plaintiff-Appellee v. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS; Michael Gerber; Leslie Bingham-Escareno; Tomas Cardenas; C Kent Conine; Dionicio Vidal Flores, Sonny; Juan Sanchez Munoz; Gloria L. Ray, In Their Official Capacities, Defendants-Appellants Frazier Revitalization, Incorporated, Intervenor-Appellant The Inclusive Communities Project, Incorporated, Plaintiff-Appellee v. Texas Department of Housing and Community Affairs; Michael Gerber; Leslie Bingham-Escareno; Tomas Cardenas; C Kent Conine; Dionicio Vidal Flores, Sonny; Juan Sanchez Munoz; Gloria L. Ray, In Their Official Capacities, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 24, 2014.


Attorney(s) appearing for the Case

Michael Maury Daniel , Laura Beth Beshara Daniel & Beshara, P.C., Dallas, TX, for Plaintiff-Appellee.

Beth Ellen Klusmann, Esq. , Office of the Attorney General, Office of the Solicitor General, Austin, TX, George Tomas Rhodus , Counsel, Looper Reed & McGraw, P.C., Dallas, TX, for Defendants-Appellants.

Michael Klein , Sedgwick, L.L.P., Austin, TX, for Amicus Curiae.

Before JONES, WIENER, and GRAVES, Circuit Judges.


JAMES E. GRAVES, JR., Circuit Judge:

In this housing discrimination case, the district court held that plaintiff The Inclusive Communities Project ("ICP") had proven that Defendants' allocation of Low Income Housing Tax Credits ("LIHTC") in Dallas resulted in a disparate impact on African-American residents under the Fair Housing Act ("FHA"). The primary issue on appeal is the correct legal standard to be applied in disparate impact claims under the FHA. We adopt...

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