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The Inclusive Communities Project, Inc. v. Lincoln Property Company, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-10943 · judgment April 9, 2019

Certiorari denied · March 23, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a business petitioner, and down for a business respondent.

Question presented

This case concerns the requirements for pleading a prima facie disparate impact claim under the Fair Housing Act (FHA). The plaintiff is required to first identify the policy being challenged and next prove through statistical evidence that the application of the policy causes a disproportionate adverse effect on a racial group. The FHA disparate impact claim will not be shown unless the plaintiff points to a specific policy and shows that the policy is causing the statistical disparity. This Court referred to this as the “robust causality requirement.” Texas Dept. of Hous. & Cmty. Affairs v. Inclusive Communities Project, Inc., ___ U.S. ____, 135 S. Ct. 2507, 2523 (2015) (Texas v. ICP). The Inclusive Communities Project’s (ICP) complaint showed the policy, the disparate impact statistics, and causation. App. 162a, 169a-171a, 187a, 191a192a. The Fifth Circuit held robust causation required ICP to additionally show that Defendants’ “no voucher” policy caused Blacks to be the “dominant group of voucher holders in the Dallas metro area.” App. 29a30a. One judge dissented from the majority opinion. App. 43a. Seven judges joined in the opinion dissenting from the denial of the petition for rehearing en banc. App. 145a. The questions presented are: 1. Whether the pleading of an FHA prima facie disparate impact claim must show the identified policy not only has caused the adverse effects on the racial

Counsel of record

For petitioner
Michael M. Daniel
Daniel & Beshara, P.C.

For respondent
Charles E. Baruch
Johnston Tobey Baruch

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 23 2020
    Petition DENIED.
  2. Feb 26 2020
    DISTRIBUTED for Conference of 3/20/2020.
  3. Feb 24 2020
    Reply of petitioner The Inclusive Communities Project, Incorporated filed.
  4. Feb 11 2020
    Brief of respondents Lincoln Property Comapny; Legacy Multifamily North III, L.L.C.; CPF PC Riverwalk. L.L.C.; HLI White Rock, L.L.C.; Brick Row Apartments, L.L.C. in opposition filed.
  5. Dec 20 2019
    Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2020.
  6. Dec 18 2019
    Motion to extend the time to file a response from January 8, 2020 to February 11, 2020, submitted to The Clerk.
  7. Dec 09 2019
    Response Requested. (Due January 8, 2020)
  8. Nov 26 2019
    DISTRIBUTED for Conference of 12/13/2019.
  9. Nov 15 2019
    Waiver of Legacy Multifamily North III, LLC and HLI White Rock, LLC of right to respond not accepted for filing. (November 18, 2019)
  10. Nov 15 2019
    Waiver of right of respondents Legacy Multifamily North III, LLC and HLI White Rock, LLC to respond filed.
  11. Nov 14 2019
    Waiver of right of respondent CPF PC Riverwalk, LLC to respond filed.
  12. Nov 14 2019
    Waiver of right of respondent Brick Row Apartments, LLC to respond filed.
  13. Oct 28 2019
    Waiver of right of respondents Lincoln Property Comapny; Legacy Multifamily North III, L.L.C.; CPF PC Riverwalk. L.L.C.; HLI White Rock, L.L.C.; Brick Row Apartments, L.L.C. to respond filed.
  14. Oct 14 2019
    Petition for a writ of certiorari filed. (Response due November 18, 2019)