1. This case presents an important issue about disparate-impact liability under the Fair Housing Act ("FHA"), 42 U.S.C. § 3604. In Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015), this Court held that the FHA countenances that theory. But it also emphasized that "disparate-impact liability has always been properly limited in key respects that avoid the serious constitutional questions that might arise under the FHA, for instance, if such liability were imposed based solely on a showing of a statistical disparity." Id. at 540. One limitation is "leeway" for developers "to state and explain the valid interest served by their policies." Id. at 541. That is, "private developers [must] be allowed to maintain a policy if they can prove it is necessary to achieve a valid interest." Id.

A second limitation, the Court emphasized, is "[a] robust causality requirement," which "ensures that racial imbalance does not, without more, establish a prima facie case of disparate impact and thus protects defendants from being held liable for racial disparities they did not create." Id. at 542 (cleaned up). In other words, "a prima facie case of disparate impact" requires a plaintiff to "produce statistical evidence demonstrating a causal connection" between a challenged policy and "a disparate impact." Id. at 543. The Court instructed lower courts to "examine with care whether a plaintiff has made out a prima facie case of disparate impact," underscoring that "prompt resolution of these cases is important." Id.

2. In 2016, "four noncitizen Latino families from El Salvador and Bolivia" sued Waples Mobile Home Park (the Park), contending that it had violated the FHA by "enforcing a policy that required all adults living at the Park to present proof of legal status in the United States" (the Policy). 91 F.4th at 273-7

Whether the Fair Housing Act's disparate-impact theory requires a robust causal connection between a challenged policy and discriminatory effects, and what specific statistical evidence is necessary to establish such a prima facie case