A Quiet Supreme Court Ruling Affirms that Home Matters

By Chris Krehmeyer, President/CEO, Beyond Housing

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The week of June 22nd had two blockbuster Supreme Court rulings that reverberated across the country.  During what will surely prove to be a historical week, the court affirmed the Affordable Care Act and its implementation. In addition, SCOTUS eloquently stated the right of all people to marry whomever they love.

Indeed, two important and powerful rulings.

While monumental in our progress forward,  what many did not see was that nestled in between these historic decisions was a much less heralded fair housing case called Inclusive Communities v. Texas Housing and Community Affairs Department.

In the case, the Supreme Court ruled 5-4 in favor of allowing the use of “disparate impact” claims when filing Fair Housing Act Complaints.

According to an overview of the case by Enterprise Community Partners, the Supreme Court upheld the use of “disparate impact claims” not only in cases of “overt discrimination,” but also with “seemingly neutral policies that have a disproportionately negative impact on protected classes.”

The Inclusive Communities Project’s case was not just a challenge to the Texas Housing and Community Affairs Departments use of affordable housing subsidies in struggling neighborhoods. Their argument is also a challenge to department’s practice of not using the subsidy in more affluent neighborhoods.

Again, as stated in the overview by Enterprise Community Partners:

“The Court’s ruling underscores the false choice between investing in distressed communities or in neighborhoods of opportunity.  The Court recognized that local housing authorities and state allocating agencies must continue to provide housing that meets a diverse array of community needs, taking into account a range of factors including market costs, traffic patterns and the need to preserve historic buildings. In doing this work, Kennedy further urges that these agencies should not be punished for investing in communities that ‘have been long segregated, according to the majority opinion.’”

This ruling affirms what we at Beyond Housing already know – home matters.  In the event that policy in any jurisdiction does indeed contribute to a “disparate impact” then it should be changed.  What is true is that whether a family moves to a stable community or into a newly developed home where a comprehensive effort is underway to improve all the facets of that community – we should support both opportunities.

The research is clear on so many subjects related to the importance and power of home on the success of children, families and broader neighborhoods.  Both the revered MacArthur Foundation, and the newly formed Home Matters, websites have all the research we need to affirm that the connectivity home to success in education, health, jobs and economic development. Living in a quality home and community can positively influence a child’s academics and health. Adults may also experience positive benefits in their work performance.

Take a look at the research shared through the Home Matters website on the connection between housing affordability and parents investing more in the development of their children.

The suggestions listed in the “Building Healthy Places Toolkit” indicate that people and places can be healthier when there are adequate resources available at their disposal –resources such as mixed-use land policy, walkable and bikeable streets, and adequate space for ‘multigenerational’ recreation.

Our collective charge is to find the resources to make home happen for everyone in our region and our country.

Articles in “From the Field” represent the opinions of the author only and do not represent the views of the Community Builders Network of Metro St. Louis or the University of Missouri- St. Louis.