[4] The Inclusive Communities Project is a Texas-based non-profit organization that helps low-income families obtain affordable housing.

"[6] To support their claim, the Inclusive Communities Project cited statistics that showed "92.29% of [low-income housing tax credit] units in the city of Dallas were located in census tracts with less than 50% Caucasian residents.

[9] Justice Anthony Kennedy delivered the opinion of the Court, which in a 5–4 decision held that disparate impact claims are cognizable under the Fair Housing Act.

[11] Justice Kennedy also argued that "[r]ecognition of disparate-impact liability under the FHA also plays a role in uncovering discriminatory intent: It permits plaintiffs to counteract unconscious prejudices and disguised animus that escape easy classification as disparate treatment.

"[12] However, Justice Kennedy also held that housing authorities and private developers should have an opportunity to defend against disparate impact claims by stating and explaining "the valid interest served by their policies.