The US Supreme Court ruled 5-4 that it's possible for liability to exist even without intent. The case was
Texas Department of Housing and Community Development v. The Inclusive Communities Project, Inc. In this decision, the majority stated that “recognition of disparate-impact claims is consistent with the FHA’s central purpose,” and that “unlawful practices include zoning laws and other housing restrictions that function unfairly to exclude minorities from certain neighborhoods without any sufficient justification.”
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