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Using Disparate Impact to Restore Housing Affordability and Property Rights in Colorado

Using Disparate Impact to Restore Housing Affordability and Property Rights in Colorado

IP-1-2017 (February 2017)
Author: Randal O’Toole

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Executive Summary:
Fair-housing advocates should question policies that increase housing costs by intruding on private property rights. These include growth- management tools such as urban-growth boundaries, the use of eminent domain for economic development, rent control, inclusionary zoning, and excessive impact fees, all of which benefit a few at everyone else’s expense. In approving the disparate- impact doctrine, the Supreme Court has offered a tool to both affordable-housing advocates and property-rights advocates for undoing these rules and policies that make housing less affordable.

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