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Part 1- Legal Obligations <br />Cities have a number of legal obligations under both federal and state laws. This section <br />lists the major laws that affect a city's fair housing obligations. Cities are encouraged to be <br />in regular contact with their own counsel to ensure that they are up to date on the most <br />current statutes and regulations affecting their work. <br />Federal Fair Housing Act <br />All municipalities have two kinds of obligations under the federal Fair Housing Act (FHA).4 <br />First, cities must of course refrain from intentional adverse action or discrimination <br />because of someone's protected class status. This is called disparate treatment. Under <br />the FHA, it is a violation to take adverse action in housing because of a person's: <br />• Race/Color <br />• Sex <br />• National Origin <br />• Religion <br />• Familial Status <br />• Disability <br />However, cities can be liable for fair housing violations even if they do not intend to <br />discriminate. Under the Fair Housing Act's disparate impact doctrine, which was upheld <br />in the United States Supreme Court case of Texas Department of Housing and Community <br />Affairs v. Inclusive Communities Project, Inc.,5 if facially neutral city policies or practices <br />442 U.S.C. §3601 et. seq. <br />5 135 S.Ct. 2507 (2015). See also HUD rule on disparate impact, 24 C.F.R. Part 100. <br />6 <br />