Village of Arlington Heights v. Metropolitan Housing Development Corp

In Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252 (1977), a non-profit housing developer and several of its potential low and moderate income tenants brought suit alleging that the city's failure to re-zone a 15-acre parcel from single family to multiple family classification constituted illegal housing discrimination under the Fourteenth Amendment and the Fair Housing Act. After dismissing plaintiffs' equal protection claims based on the lower courts' conclusion that the zoning board had not acted with a discriminatory purpose, id. at 270-271, the Court remanded the case to the Seventh Circuit for consideration of plaintiffs' disparate impact claims under Title VIII, id. at 271. In Village of Arlington Heights v. Metropolitan Housing Dev. Corp., 429 U.S. 252, 270-71, 97 S.Ct. 555, 566, 50 L.Ed.2d 450 (1977), the Supreme Court articulated some of the "other evidence" in addition to disproportionate impact that can establish discriminatory intent. Such evidence includes "the historical background of the decision ... particularly if it reveals a series of official actions taken for invidious purposes," irregularities in the passage of legislation such as "departures from normal procedural sequence," and "legislative or administrative history" such as "contemporary statements by members of the decisionmaking body, minutes of its meetings, or reports." 429 U.S. at 266-67, 97 S.Ct. at 563-64.