Housing segregation undergirds the nation's racial inequities, Richard Rothstein, Economic Policy Institute, May 9, 2016, available here

In June, the Supreme Court rescued the Fair Housing Act from a claim that it prohibited only overt discrimination—where a government body announces that it is enacting a housing policy for racially discriminatory reasons. Instead, Justice Anthony Kennedy’s opinion concluded that housing policies that have the effect of reinforcing segregation must be avoided, regardless of policymakers’ provable intent, unless an agency enacting such a policy can show that there was no reasonable alternative to segregation as a way to accomplish legitimate housing objectives.... Now, a federal appeals court based in California, again relying in part on the Housing Scholars brief, has developed Justice Kennedy’s theory further.