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We all know the housing discrimination of of the sort that Donald Sterling engaged in right at a developer or an owner who refuses to rent their apartments to African Americans or Mexican Americans or to people of a different National origin That's intentional discrimination and the Fair Housing Act allows you to bring claims looking at that But the disparate impact standard is a different one that allows you to look at what Justice Kennedy call today disguised animus or unconscious prejudices policy decisions that appear neutral on their face, but have a discriminatory effect That doesn't end the inquiry just because the policy has a discriminatory effect it Opens the opportunity to then ask the developer on this case the Texas Housing Authority you know what's the reason for this decision that you made? Why are you putting all of these low income tax credit, affordable housing units in African American communities and none in the White community and then they have to come forward with a business necessity a reason for why they're doing this and then the question is is there another alter











