Full opinion text
KURT D. ENGELHARDT, Circuit Judge: With this appeal, we review the district court's dismissal with prejudice, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, of Fair Housing Act claims - including claims of "disparate treatment" and "disparate impact" - asserted against the owners and management company of apartment complexes in the greater Dallas, Texas area that decline to participate in the federal "Section 8" Housing Choice Voucher Program. For the reasons stated herein, we affirm. I. The plaintiff, The Inclusive Communities Project ("ICP"), "is a fair housing focused nonprofit organization working with households seeking access to housing in predominately non-minority locations in the Dallas area." In furtherance of its mission, ICP provides "counseling, financial assistance, and other services to Black or African American households participating in the [federal] Section 8 Housing Choice Voucher (HCV or voucher) Program administered by the Dallas Housing Authority (DHA)." According to ICP, its voucher clients seek assistance in finding and obtaining "dwelling units in safe and secure communities with higher median incomes, good schools, low poverty rates, and adequate public and private serve and facilities (high opportunity areas)." The financial assistance offered by ICP may include the payment of landlord incentives or bonus payments (to encourage leasing to voucher participant households), application fees, and security deposits. ICP also offers landlords in higher opportunity areas the option of a contract with ICP as a guarantor for voucher households or with ICP as the sub-lessor for voucher households. ICP alleges that it proposed these alternative contractual arrangements in response to reasons stated by landlords and landlord associations for refusing to negotiate with or rent to voucher households. ICP identifies Defendants-Appellees Legacy Multifamily North III, LLC ("Legacy"), CPF PC Riverwalk, L.L.C. ("Riverwalk"); HLI White Rock, L.L.C. ("White Rock"); and Brick Row Apartments, L.L.C. ("Brick Row") (collectively, "Owners") as owners of apartment complexes in the "higher opportunity" or "high opportunity" areas identified by ICP. Defendant-Appellee Lincoln Property Company (Lincoln) manages these complexes in addition to managing or owning and operating numerous other properties in "the Dallas metropolitan area." ICP contends "its ability to assist its voucher clients in obtaining dwellings in high opportunity areas is obstructed by Defendants' discriminatory housing practices." ICP alleges that Lincoln has a general policy that it will not negotiate with, rent to, or otherwise make units available in "White non-Hispanic areas" to voucher households; moreover, Lincoln's written advertisements state that housing vouchers, Section 8 vouchers, and any government-subsidized rent programs are not accepted. According to ICP, the only apartment complexes for which Lincoln will negotiate with and rent to voucher households are those in predominately minority locations. These apartment complexes include complexes required by law or contract to not discriminate against voucher households based on their status as voucher program participants. Lincoln's general "no vouchers" policy is applied at approximately 43 apartment complexes, located in majority white census tracts, that have at least some units available at rents payable under the voucher program. These complexes include the units owned by the Owners. ICP further contends that it has black voucher clients who are otherwise eligible under Lincoln's application criteria, and with whom ICP would have entered into subleases, but for Lincoln's policy against voucher tenants. ICP alleges that it has attempted, on several occasions, to negotiate with Lincoln on behalf of voucher clients seeking rental units in properties that Lincoln manages and/or owns in majority white areas. The most recent requests, ICP reports, were letters that ICP sent to Lincoln, in 2015 and 2016, asking that it "reconsider" its policy of not accepting voucher families as tenants at the aforementioned apartment complexes. According to ICP, neither Lincoln nor the Owners responded to ICP's request to negotiate and rent under the sublease/guarantor proposal. At least one Defendant-Appellee notes, however, that ICP alleges its transmittal of the letters but not their receipt. Nor is it clear when the Owners, as opposed to Lincoln, the manager, became aware of the letters and/or ICP's requests to discuss the "no vouchers" policy. ICP asserts that the "no vouchers" policy forces voucher households in the Dallas metro area to seek housing in areas where vouchers are accepted, which are "racially concentrated [predominately minority] areas of high poverty that are marked by substantially unequal conditions." Further, ICP contends, Lincoln's refusal to negotiate with or rent to voucher holders disparately impacts black households in the Dallas area. In short, ICP maintains that landlords who accept vouchers are disproportionately located in minority areas of Dallas, and property management companies located in non-minority areas disproportionately refuse vouchers. The waiting lists for the area voucher programs also are disproportionately black. To support its disparate impact contentions, ICP references the most recent United States Department of Housing and Urban Development (HUD) "Picture of Subsidized Housing" reporting a total of 30,745 voucher households in the Dallas-Irving-Plano Metropolitan Division. According to ICP, 90% of those households are minorities, with the total breakdown being 81% black, 6% Hispanic, and 10% white non-Hispanic (white). Approximately 17,000 of the 30,745 voucher households in the Dallas-Irving-Plano Metropolitan Division participate in the program through the DHA, which has a voucher population that is 86% black and 6% white. The voucher households in the City of Dallas are 87% Black and 94% minority. ICP likewise characterizes the voucher program in the Dallas metro area as racially segregated into predominantly minority census tracts. On average, voucher households in the Dallas metro area are located in 74% minority census tracts; voucher households in the City of Dallas are located in 88% minority and 33% poverty census tracts. ICP also alleges the following facts regarding individual apartment complexes that the Defendants-Appellees own or manage: • Park Central at Flower Mound Complex • No Black renters in the "small census tract block group" containing this complex; • 307 units in the complex; and • Zero voucher households in the census tract containing this complex. • McKinney Uptown Complex • No Black renters in the "small census tract block group" containing this complex; • 144 units in the complex; and • No voucher households in the census tract containing this complex. • Parkside at Legacy Complex • Black renters are 14% of the 630 renter-occupied units in the "small census tract block group" containing this complex; • 293 units in the complex; and • No voucher households in the census tract containing this complex. • White Rock Lake Apartment Villas • Black renters are 11% of the 1,022 renter-occupied units in the "small census tract block group" containing this complex; • 296 units in the complex; and • No voucher household in the census tract containing this complex. • Brick Row Apartments, LLC • Black renters are 11% of the 532 renter-occupied units in the "small census tract block group" containing this complex; • 500 units in the complex; • 45 voucher households in the census tract containing this complex; and • Majority of the voucher households in the census tract live in single family or semi-detached structures. Finally, ICP attaches city maps to its complaint showing that voucher households are concentrated in parts of Dallas where minorities live, with few voucher households in the parts of Dallas where non-minorities live. Alleging it received no responses from Lincoln or the Owners to its latest letters, ICP filed a complaint on January 23, 2017, seeking declaratory and injunctive relief from the district court. Specifically, ICP seeks a declaration that Lincoln and the Owners have violated 42 U.S.C. § 3604(a) and 42 U.S.C. § 1982 by declining to participate in the federal "Section 8" Housing Choice Voucher Program. ICP also seeks a permanent injunction compelling Lincoln and the Owners to accept Section 8 vouchers and requiring them to negotiate and contract with ICP under ICP's sublease/guarantor program. In its complaint, ICP alleges a total of four claims. Two claims - disparate impact and disparate treatment - are asserted against all Defendants-Appellees (Lincoln and the Owners). Relative to disparate impact, ICP alleges that Defendants-Appellees' policy of declining to negotiate with or rent to voucher holders disparately impacts black households as evidenced by statistics establishing that more than 80% of the voucher holders in the Dallas area are black. Relative to disparate treatment, ICP alleges that Defendants-Appellees' refusal to negotiate with or rent to ICP, pursuant to ICP's guarantor or sublease proposals, constitutes disparate treatment based on race and color, because ICP's voucher clients are predominantly black. ICP also alleges two claims solely against Lincoln. The first concerns Lincoln's publication of its policy of refusing to "negotiate with or rent to voucher households" by including the following statements in advertisements placed with apartment locator services: Our community is not authorized to accept housing vouchers. Our community is not authorized to accept Section 8 housing. Our community is not authorized to accept ANY government subsidized rent programs. ICP maintain these advertisements "appeal to the stereotype that because voucher holders are Black, voucher tenants are undesirable as tenants ..." and, thus, perpetuate racial stereotypes in violation of 42 U.S.C. § 3604(c). The second claim against only Lincoln is for disparate treatment liability based on Lincoln's alleged refusal to negotiate with or rent to otherwise qualified voucher households in predominately white areas while, at the same time, negotiating with and renting to voucher holders in predominately minority areas. ICP argues Lincoln's conduct violates the disparate treatment standard of liability because the differing policies regarding vouchers are based on the race and color of the voucher holders. In response to ICP's claims, Lincoln and the Owners filed motions to dismiss, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state claims upon which relief can be granted. The district court granted the motions in two orders dated July 13, 2017 (Brick Row's motion) and August 16, 2017 (the remaining motions). The district court entered final judgment on August 16, 2017. This appeal followed. II. Appellate courts conduct a de novo review of a district court's dismissal of a complaint under Federal Rule of Civil Procedure 12(b)(6). See Clyce v. Butler, 876 F.3d 145, 148 (5th Cir. 2017). We may affirm the district court's dismissal on any basis supported by the record. See, e.g., Torch Liquidating Tr. ex rel. Bridge Assocs., L.L.C. v. Stockstill, 561 F.3d 377, 384 (5th Cir. 2009). Rule 12(b)(6) authorizes the filing of motions to dismiss asserting, as a defense, a plaintiff's "failure to state a claim upon which relief can be granted." See Fed. R. Civ. P. 12(b)(6). Thus, claims may be dismissed under Rule 12(b)(6)"on the basis of a dispositive issue of law." Neitzke v. Williams , 490 U.S. 319, 326, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). Dismissal under Rule 12(b)(6) also is warranted if the complaint does not contain sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ). Where the well-pleaded facts of a complaint do not permit a court to infer more than the mere possibility of misconduct, the complaint has alleged - but it has not 'show[n]' - "that the pleader is entitled to relief." Iqbal , 556 U.S. at 678, 129 S.Ct. 1937 (quoting Fed. Rule Civ. P. 8(a)(2) ). Thus, a complaint's allegations "must make relief plausible, not merely conceivable, when taken as true." United States ex rel. Grubbs v. Kanneganti , 565 F.3d 180, 186 (5th Cir. 2009) ; see also Twombly , 550 U.S. at 555, 127 S.Ct. 1955 ("Factual allegations must be enough to raise a right to relief above the speculative level ... on the assumption that all the allegations in the complaint are true (even if doubtful in fact)."). "The plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id . Factual allegations that are "merely consistent with a defendant's liability, stop short of the line between possibility and plausibility of entitlement to relief," and thus are inadequate. Id. (internal quotations omitted). Accordingly, the requisite facial plausibility exists "when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id . (emphasis added). "Determining whether a complaint states a plausible claim for relief" is "a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Iqbal , 556 U.S. at 679, 129 S.Ct. 1937 (internal citations omitted). See also Robbins v. Oklahoma, 519 F.3d 1242, 1248 (10th Cir. 2008) (degree of required specificity depends on context, i.e., the type of claim at issue). In evaluating motions to dismiss filed under Rule 12(b)(6), the court "must accept all well-pleaded facts as true, and ... view them in the light most favorable to the plaintiff." Campbell v. Wells Fargo Bank, N.A., 781 F.2d 440, 442 (5th. Cir.), cert. denied , 476 U.S. 1159, 106 S.Ct. 2279, 90 L.Ed.2d 721 (1986). Further, "[a]ll questions of fact and any ambiguities in the controlling substantive law must be resolved in the plaintiff's favor." Lewis v. Fresne , 252 F.3d 352, 357 (5th Cir. 2001). On the other hand, courts "are not bound to accept as true a legal conclusion couched as a factual allegation." Papasan v. Allain , 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986) ; see also Iqbal , 556 U.S. at 678, 129 S.Ct. 1937 ("tenet that a court must accept as true all of the allegations contained in a complaint is inapplicable to legal conclusions"). "Nor does a complaint suffice if it tenders 'naked assertion[s]' devoid of 'further factual enhancement.' " Iqbal , 556 U.S. at 678, 129 S.Ct. 1937 (quoting Twombly, 550 U.S. at 557, 127 S.Ct. 1955 ); see also Christopher v. Harbury , 536 U.S. 403, 416, 122 S.Ct. 2179, 153 L.Ed.2d 413 (2002) (elements of a plaintiff's claim(s) "must be addressed by allegations in the complaint sufficient to give fair notice to a defendant"). In determining whether a plaintiff's claims survive a Rule 12(b)(6) motion to dismiss, the factual information to which the court addresses its inquiry is limited to (1) the facts set forth in the complaint, (2) documents attached to the complaint, and (3) matters of which judicial notice may be taken under Federal Rule of Evidence 201. See Norris v. Hearst Trust, 500 F.3d 454, 461 n. 9 (5th Cir. 2007) ; R2 Invs. LDC v. Phillips, 401 F.3d 638, 640 n. 2 (5th Cir. 2005). When a defendant attaches documents to its motion that are referenced in the complaint and are central to the plaintiff's claims, however, the court can also properly consider those documents. Causey v. Sewell Cadillac-Chevrolet, Inc ., 394 F.3d 285, 288 (5th Cir. 2004) ; In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir. 2007). "In so attaching, the defendant merely assists the plaintiff in establishing the basis of the suit, and the court in making the elementary determination of whether a claim has been stated." Collins v. Morgan Stanley Dean Witter, 224 F.3d 496, 499 (5th Cir. 2000). III. The federal Housing Choice Voucher Program pays rental subsidies to "aid[ ] low-income families in obtaining a decent place to live" and to "promot[e] economically mixed housing." 42 U.S.C. § 1437f(a). The voucher program is funded by HUD and administered by state and local public housing authorities (PHA's) in accordance with regulations promulgated by HUD. When a rent payment exceeds a specified percentage of a family's monthly income, the federal program pays the balance. Landlord participation in the voucher program is voluntary under both federal and Texas state law. See 42 U.S.C. § 1437f ; 24 C.F.R. §§ 982.301(b)(11), 982.302(a), 982.307 ; TEX. LOCAL GOV'T CODE § 250.007(a) ; TEX. GOV'T CODE. § 2306.269 ; Knapp v. Eagle Prop. Mgmt. Corp ., 54 F.3d 1272, 1280 (7th Cir. 1995) ("Owner participation in the section 8 program is voluntary and non-participating owners routinely reject section 8 voucher holders."); Salute v. Stratford Greens Garden Apartments, 136 F.3d 293, 300 (2d Cir. 1998) ("We think that the voluntariness provision of Section 8 reflects a congressional intent that the burdens of Section 8 participation are substantial enough that participation should not be forced on landlords, either as an accommodation to handicap or otherwise."). Once admitted to the voucher program, program participants are responsible for finding a landlord in the private rental market willing to rent to them. 24 C.F.R. § 982.302(a). Landlords who participate in the program are responsible for screening prospective tenants and reject them if screening reveals red flags in terms of paying rent and utility bills, caring for rental housing, respecting neighbors, criminal activity, and the like. Id. at § 982.307(a). The Fair Housing Act (FHA), Title III of the Civil Rights Act of 1968, 42 U.S.C. § 3601, et seq ., prohibits discrimination in the rental or sale of a dwelling based on certain protected characteristics, including race. See 42 U.S.C. § 3604(a). That statute reflects "the policy of the United States to provide within constitutional limitations, for fair housing throughout the United States." 42 U.S.C. § 3604. Thus, the voluntary nature of landlord participation in the voucher program does not render it immune from liability if actionable discrimination under the FHA is established. Pertinent here, § 3604(a) provides: [I]t shall be unlawful to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin. 42 U.S.C. § 3604(a). ICP's advertisement liability claim against Lincoln is governed by 42 U.S.C. § 3604(c), which provides: [I]t shall be unlawful to make, print, or publish, or cause to be made, printed, or published any notice, statement or advertisements, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination. A. Disparate Impact Liability In Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., --- U.S. ----, 135 S.Ct. 2507, 192 L.Ed.2d 514 (2015) (" ICP ") , the Supreme Court, construing 42 U.S.C. §§ 3604(a) and 3605(a), determined that both disparate treatment claims (claims asserting "discriminatory intent or motive") and disparate impact claims ("claims asserting an unjustified, disproportionally adverse effect on minorities") are cognizable under the FHA. ICP, --- U.S. ----, 135 S.Ct. 2507, 2513, 2518. In recognizing the viability of disparate impact FHA claims, the Supreme Court emphasized, inter alia, the inclusion of the "results-oriented" phrase - "or otherwise make unavailable or deny" - in § 3604(a), reasoning that it "refers to the consequences of action rather than the actor's intent." Id. at 2518, 2525. The Court also found "[r]ecognition of disparate-impact claims [to be] consistent with the FHA's central purpose ... [of] eradicat[ing] discriminatory practices within a sector of our Nation's economy." Id. at 2521. 1. FHA Disparate Impact Liability: ICP's Test To properly evaluate ICP's claims, we must first address, as a threshold matter, the applicable test for determining disparate impact claims asserted under the FHA. When ICP previously was before this court, we adopted HUD's burden-shifting approach for deciding disparate impact claims under the FHA. See 24 C.F.R. § 100.500 ; The Inclusive Communities Project, Inc. v. Texas Dep't of Hous. and Cmty. Affairs, 747 F.3d 275, 282 (5th Cir. 2014), aff'd , --- U.S. ----, 135 S.Ct. 2507, 192 L.Ed.2d 514 (2015). Under the HUD regulation, a plaintiff must first prove a prima facie case of discrimination by showing that the challenged practice causes a discriminatory effect. 24 C.F.R. § 100.500(c)(1). If the plaintiff makes a prima facie case, the defendant must then prove that the challenged practice is necessary to achieve one or more of the defendant's substantial, legitimate, nondiscriminatory interests. Id. at § 100.500(c)(2). If the defendant meets its burden, the plaintiff must then show that the defendant's interests "could be served by another practice that has a less discriminatory effect." Id. at § 100.500(c)(3). Although it affirmed our decision, the Supreme Court never explicitly stated that it adopted the HUD regulation's framework. Because of this lack of clarity, debate exists regarding whether, in ICP , the Supreme Court adopted the regulation's approach or modified it. The Fourth Circuit has noted that "[t]he HUD regulation is similar to the framework the Supreme Court ultimately adopted in [ ICP ] , and indeed, some courts believe the Supreme Court implicitly adopted the HUD framework altogether." Reyes v. Waples Mobile Home Park Ltd. P'ship , 903 F.3d 415, 424 n.4 (4th Cir. 2018) (citing Mhany Mgmt., Inc. v. Cty. of Nassau , 819 F.3d 581, 618 (2d Cir. 2016) ("The Supreme Court implicitly adopted HUD's approach....")). The Fourth Circuit concluded, "[w]ithout deciding whether there are meaningful differences between the frameworks, ... the standard announced in [ ICP ], rather than the HUD regulation[,] controls our inquiry." Id. We read the Supreme Court's opinion in ICP to undoubtedly announce a more demanding test than that set forth in the HUD regulation. As noted by a Minnesota district court: "the Supreme Court announced several 'safeguards' to incorporate into the burden-shifting framework to ensure that disparate impact liability does not 'displace valid governmental and private priorities.' " Crossroads Residents Organized for Stable & Secure Residencies v. MSP Crossroads Apartments LLC , No. 16-233, 2016 WL 3661146, at *6 (D. Minn. 2016). "Those safeguards include a 'robust causality requirement' at the prima facie stage, and, after the burden shifts to the defendant, 'leeway to state and explain the valid interest served by [the defendant's] policies.' " Id. (quoting ICP , 135 S.Ct. at 2522-23 ). In contrast, the HUD regulation contains no "robust causation" requirement; rather it requires only a showing that "a challenged practice caused or predictably will cause a discriminatory effect." 24 C.F.R. § 100.500(c)(1). A careful review of the Supreme Court's analysis in ICP , moreover, reveals its modification of HUD's test to be both purposeful and significant. Indeed, the Court emphasizes: [D]isparate-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. * * * [A] disparate-impact claim that relies on a statistical disparity must fail if the plaintiff cannot point to a defendant's policy or policies causing that disparity. A robust causality requirement ensures that "[r]acial 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. Wards Cove Packing Co. v. Atonio , 490 U.S. 642, 653, 109 S.Ct. 2115, 104 L.Ed.2d 733 (1989), superseded by statute on other grounds , 42 U.S.C. § 2000e-2(k). Without adequate safeguards at the prima facie stage , disparate-impact liability might cause race to be used and considered in a pervasive way and would almost inexorably lead governmental or private entities to use numerical quotas and serious constitutional questions then could arise. * * * Courts must therefore examine with care whether a plaintiff has made out a prima facie case of disparate impact and prompt resolution of these cases is important. A plaintiff who fails to allege facts at the pleading stage or produce statistical evidence demonstrating a causal connection cannot make out a prima facie case of disparate impact. ICP, 135 S.Ct. at 2522-23 (internal quotation marks omitted) (emphasis added). Other statements by the Court, regarding a defendant's competing interests, dispel any remaining doubt as to the limited nature of the disparate impact claim that exists under the FHA. Indeed, citing HUD's then recent rulemaking, the Court emphasized that disparate-impact liability "does not mandate that affordable housing be located in neighborhoods with any particular characteristic." ICP, 135 S.Ct. at 2523 (citing 78 Fed. Reg. 11476 ) (emphasis added). Likewise, "[t]he FHA does not decree a particular vision of urban development." Id. (emphasis added). Rather, "entrepreneurs must be given latitude to consider market factors." Id. The Court additionally cautions: [A] plaintiff bringing a disparate-impact claim challenges practices that have a "disproportionately adverse effect on minorities" and are otherwise unjustified by a legitimate rationale. Ricci v. DeStefano, 557 U.S. 557, 577, 129 S.Ct. 2658, 174 L.Ed.2d 490 (2009) (internal quotation marks omitted). * * * An important and appropriate means of ensuring that disparate-impact liability is properly limited is to give housing authorities and private developers leeway to state and explain the valid interest served by their policies. Just as an employer may maintain a workplace requirement that causes a disparate impact if that requirement is a reasonable measurement of job performance, ... so too must housing authorities and private developers be allowed to maintain a policy if they can prove it is necessary to achieve a valid interest. * * * Governmental or private policies are not contrary to the disparate impact requirement, unless they are "artificial, arbitrary and unnecessary barriers." Difficult questions might arise if disparate-impact liability under the FHA caused race to be used and considered in a pervasive and explicit manner to justify governmental or private actions that, in fact, tend to perpetuate race-based considerations rather than move beyond them. Courts should avoid interpreting disparate-impact liability to be so expansive as to inject racial considerations into every housing decision. Id. at 2513, 2522-24 (quoting Griggs v. Duke Power Co., 401 U.S. 424, 431, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971) ). Given the foregoing, we are convinced the Supreme Court's language in ICP is stricter than the regulation itself. Accordingly, as noted by the Fourth Circuit, we are bound to apply the stricter version of the burden-shifting analysis. Reyes, 903 F.3d at 424. 2. Disparate Impact: Four Views of "Robust Causation" Although the Supreme Court's opinion in ICP established "robust causation" as a key element of the plaintiff's prima facie burden in a disparate impact case, the Court did not clearly delineate its meaning or requirements. Nor are we aware of any post- ICP Supreme Court or Fifth Circuit decisions clarifying the standard. However, decisions from three other circuits - the Fourth, Eighth and Eleventh - have considered its application, yielding opinions reflecting varying views of the prerequisites. The first view is provided by Ellis v. City of Minneapolis , in which the Eighth Circuit construed ICP to require that a plaintiff's allegations "point to an 'artificial, arbitrary, and unnecessary' policy causing the problematic disparity," in order to establish a prima facie disparate impact case. Ellis v. City of Minneapolis , 860 F.3d 1106, 1114 (8th Cir. 2017) (quoting ICP , 135 S.Ct. at 2524 ). In Ellis, the plaintiffs, low-income housing landlords, alleged that the city was targeting their properties with inspections, issuing citations for code violations that did not exist, and threatening to revoke their rental licenses. Id . at 1108-09. As a result, the plaintiffs argued, the city's actions displaced hundreds of FHA-protected individuals from their homes. Id. at 1109. In denying the claim, the Eighth Circuit explained that the plaintiffs' complaint "must still allege facts plausibly demonstrating that the housing-code standards complained of are arbitrary and unnecessary under the FHA." Id . at 1112. The Ellis complaint fell short, however, because it "suggest[ed] no more than disagreement between the [plaintiffs] and the City on the extent of deficiencies based on reasonable housing-code provisions." Id . at 1113. Furthermore, "[t]o the extent their complaint mentions specific housing-code provisions" it lacked "factually supported allegations that those provisions are arbitrary or unnecessary to health and safety." Id . at 1112. The second view is provided by the Fourth Circuit's majority opinion in Reyes, in which "understanding [the] robust causality requirement [was] at the crux of th[e] appeal." Reyes, 903 F.3d at 425. In Reyes , a mobile home park began enforcing a previously unenforced policy requiring all adult occupants to provide documentation showing that they were legally present in the United States in order to renew their leases, or face eviction. Id. at 419-20, 428. The plaintiffs alleged that this policy disproportionately affected Latino families because Latinos comprised 64.6% of the undocumented immigrant population in Virginia and are "ten times more likely than non-Latinos to be adversely affected by the Policy, as undocumented immigrants constitute 36.4% of the Latino population compared with only 3.6% of the non-Latino population." Id . at 428. Noting "statistical disparities must be sufficiently substantial that they raise [the necessary] inference of causation," the Fourth Circuit majority concluded the plaintiffs had properly stated a prima facie disparate impact case by alleging that the defendant's first-time enforcement of a previously unenforced policy (except as to the leaseholder) "caused a disproportionate number of Latinos to face eviction from the Park compared to the number of non-Latinos who faced eviction." Id. at 425, 428-29 (quoting Watson v. Fort Worth Bank & Tr., 487 U.S. 977, 994-95, 108 S.Ct. 2777, 101 L.Ed.2d 827 (1988) ). The majority concluded the statistical evidence that the plaintiffs provided "satisfied the robust causality requirement" when considered in the context of the newly enforced policy. The third construction of "robust causation" is provided by Judge Keenan's dissenting opinion in Reyes. In Judge Keenan's view, the plaintiffs had not met this requirement. Id. at *434-35. Rather, Judge Keenan reasoned: In my view, the plaintiffs have not adequately alleged that the defendants' policy caused the statistical disparity that they challenge. The plaintiffs rest their claim of causality on statistics showing that Latinos constitute the majority of undocumented aliens in the geographic area of the park, and thus that Latinos are disproportionately impacted by a policy targeting undocumented aliens. Despite this statistical imbalance, however, all occupants of the park must comply with the policy addressing their immigration status, irrespective whether they are Latino. Not all Latinos are impacted negatively by the policy, nor are Latino undocumented aliens impacted more harshly than non-Latino undocumented aliens. Accordingly, I would conclude that the defendants' policy disproportionately impacts Latinos not because they are Latino, but because Latinos are the predominant sub-group of undocumented aliens in a specific geographical area. Although Latinos constitute the majority of the undocumented population in the park, at different times and in different locales, the disparate impact might have been on immigrant populations from many other parts of the world. Such geographical happenstance cannot give rise to liability against an entity not responsible for the geographical distribution. Nor does linking disparate impact liability to the coincidental location of certain undocumented aliens further the aim of the FHA to avoid "perpetuating segregation." Inclusive Cmtys., 135 S.Ct. at 2522. Thus, because the defendants' policy has not caused Latinos to be the dominant group of undocumented aliens in the park, the policy has not "caused" a disparate impact on Latinos. Reyes, 903 F.3d at 434-35 (Keenan, J., dissenting) (emphasis added). Thus, in the Reyes majority's view, that the policy impacted Latinos more than non-Latinos was enough to show robust causation. In Judge Keenan's dissenting view, however, robust causation was not satisfied by pre-existing conditions (Latinos status as the predominant sub-group of undocumented aliens) not brought about by the challenged policy. The fourth view of robust causation is provided by the Eleventh's Circuit's unpublished per curiam opinion in Oviedo Town Ctr, II, L.L.P. v. City of Oviedo, Florida , 759 Fed. Appx. 828, 833-35, No. 17-14254, 2018 WL 6822693, *4 (Dec. 28, 2018), which describes ICP as "promulgat[ing] detailed causation requirements as a means of cabining disparate impact liability." (Emphasis added.) Specifically, citing the Supreme Court's instruction to "avoid interpreting disparate impact liability to be so expansive to inject racial considerations into every housing decisions," the Eleventh Circuit concluded: "The Supreme Court's solution was to impose '[a] robust causality requirement ensur[ing] that [r]acial imbalance ... does not, without more, establish a prima facie disparate impact.' " Id. (quoting ICP , 135 S.Ct. at 2523 ) (internal citations omitted). Otherwise, "[i]f a disparate impact claim could be found on nothing more than a showing that a policy impacted more members of a protected class that nonmembers of protected classes, disparate impact liability undeniably would overburden cities and developers." Id. In Oviedo , no prima facie case was established, the court of appeals reasoned, because the submitted data "[did] not establish a disparate impact let alone any causal connection" with the policy at issue. Id. at 835, at *5. 3. FHA Disparate Impact Liability: Application In the instant matter, the district court found ICP had not adequately alleged facts demonstrating the necessary causation. Although acknowledging that ICP had shown "a possible statistical imbalance with the amount of voucher households in the census tract," the district court concluded that ICP had not provided facts linking the "no vouchers" policy to the "possible statistical disparity." Further, the court found ICP's statistical information and arguments "conclusory rather than descriptive of how [the defendants'] policy actually caused a disparate impact." The district court additionally determined that "[e]ven if Plaintiff ICP met its burden to establish a prima facie showing of disparate impact, Plaintiff ICP does not establish a disparate impact claim" because of the burden-shifting framework. Specifically, the district court identified business concerns referenced in ICP's complaint, such as increased costs, administrative delays, and other financial risks, as legitimate business reasons for not participating in the voucher program. Proceeding to the third step of the burden-shifting framework, the district court rejected the less discriminatory alternatives proposed by ICP, such as "the incentive payments, Sublease Program, and Third Party Guarantor Program to alleviate Defendants' anticipated business concerns." The court reasoned: "ICP's proposals, while laudable, do not show how or if the proposed programs have performed, or if Plaintiff ICP can financially support the programs." Thus, if ICP's programs were not successfully executed, Lincoln and the Owners "could experience financial harm." Considering the instant record, we find no error in the district court's determination that the allegations of ICP's complaint regarding Lincoln's and the Owners' "no vouchers" policies fail to allege facts sufficient to provide the robust causation necessary for an actionable disparate impact claim. Moreover, we find this conclusion to be warranted under any of the analyses of robust causation discussed above, i.e. that of the Eighth Circuit in Ellis , the Fourth Circuit majority in Reyes, Judge Keenan's dissent in Reyes , or the Eleventh Circuit's per curiam in Oviedo. Focusing first on the Reyes majority, we note the opinion arguably could be understood to support a finding of robust causation any time that a defendant's policy impacts a protected class more than others. Nevertheless, absent a contrary ruling by the Fourth Circuit, we believe a narrower construction of the opinion is warranted, given the stringent framework outlined by the Supreme Court in ICP for evaluating disparate impact claims. Thus, we find it significant that the disproportionate impact upon Latinos that the Reyes majority held satisfied robust causation was the consequence of a change in the defendant's enforcement of its policy that increased the number of Latinos facing eviction from the park than before. And, as previously stated, the Reyes dissent reasons that "geographical happenstance cannot give rise to liability against an entity not responsible for the geographical distribution." 903 F.3d at 434. Thus, because the park's policy had not caused Latinos to be the dominant group of undocumented aliens in the park, Judge Keenan, dissenting, found robust causation lacking in Reyes. The logic of both the majority and dissenting opinions in Reyes , as well as the Eleventh Circuit's per curiam in Oviedo , likewise applies here. Neither the aforementioned "city-level data" nor the "census-level data" cited by ICP supports an inference that the implementation of Defendants-Appellees' blanket "no vouchers" policy, or any change therein, caused black persons to be the dominant group of voucher holders in the Dallas metro area (or any of the other census areas discussed by ICP). Similarly, ICP alleges no facts supporting a reasonable inference that Defendants-Appellees bear any responsibility for the geographic distribution of minorities throughout the Dallas area prior to the implementation of the "no vouchers" policy. Indeed, ICP pleads no facts showing Dallas's racial composition before the Defendants-Appellees implemented their "no vouchers" policy or how that composition has changed, if at all, since the policy was implemented. Thus, as the district court noted, none of these factual allegations "show or infer that Defendants-Appellees' policy diminished the amount of rental opportunities for African American or Black prospective tenants previously available before Defendants' policy was implemented." (Emphasis added.) Accordingly, it is entirely speculative whether the "no vouchers" policy, as opposed to some other factor, not attributable to Defendants-Appellees, caused there to be less minority habitation in individual census tracts after the policy was implemented. Without that information, any landlord who did not accept vouchers would be vulnerable to a disparate impact challenge any time a less than statistically proportionate minority population lived in that landlord's census tract. Because "disparate-impact liability has always been properly limited," see ICP , 135 S.Ct. at 2522, that cannot be the correct result. Finally, in the Eighth Circuit's view, the "no vouchers" policy, even if causing a "problematic disparity," does not state an actionable FHA disparate treatment claim unless the policy is "artificial, arbitrary, and unnecessary." Ellis , 860 F.3d at 1112-1114. A private entity's choice to opt out of participation in a government program that is voluntary under both federal and Texas law cannot be artificial, arbitrary, and unnecessary absent the existence of pertinent, contrary factual allegations sufficiently rendering a plaintiff's claimed entitlement to disparate impact relief plausible, rather than merely conceivable or speculative. As we have explained, on the record before us, we find none. The dissenting opinion objects to our treatment of "robust causation," contending that, in ICP , the Supreme Court simply "made clear that the plaintiff must identify an offending policy in order to establish a prima facie case" and, as evidenced by its citation to Wards Cove , confirmed that standards for disparate impact employment discrimination claims likewise apply to FHA disparate impact claims. We respectfully disagree. To the contrary, in ICP , the Supreme Court stressed the need for both a policy attributable to the defendant and the requisite causal connection, clarifying that a robust causality requirement "protects defendants from being held liable for racial disparities they did not create." ICP , 135 S. Ct. at 2523 (emphasis added) (quoting Wards Cove , 490 U.S. at 653, 109 S.Ct. 2115 ). Indeed, the Court specifically stated: "If a statistical discrepancy is caused by factors other than the defendant's policy , a plaintiff cannot establish a prima facie case, and there is no liability." ICP , 135 S.Ct. at 2514 (emphasis added). The Supreme Court's previous analysis in Wards Cove , moreover, further supports this point: [A plaintiff] will also have to demonstrate that the disparity [at issue] is the result of one or more of the employment practices [under attack], specifically showing that each challenged practice has a significantly disparate impact on employment opportunities for whites and nonwhites. To hold otherwise would result in [a defendant] being held liable for the "myriad of innocent causes that may lead to statistical imbalances in the composition of their work force." Wards Cove, 490 U.S. at 657, 109 S.Ct. 2115 (quoting Watson v. Fort Worth Bank & Trust , 487 U.S. 977, 992, 108 S.Ct. 2777, 101 L.Ed.2d 827 (1988) (emphasis added)). Lastly, the dissent looks to the Second Circuit's opinion in Huntington Branch, NAACP v. Town of Huntington, 844 F.2d 926 (2nd Cir. 1988), to support its contrary position regarding ICP's disparate impact claim, essentially arguing that we and the district court overlooked ICP's assertions of harm to the community by perpetuation of segregation. Huntington Branch, however, is materially distinguishable. Importantly, like the other decisions characterized by the Supreme Court as "resid[ing] at the heartland of disparate-impact liability," see ICP, 135 S.Ct. at 2522, Huntington Branch addressed a public defendant's prohibitory enforcement of a facially neutral zoning ordinance in such a manner that restricted multi-family housing to a small predominantly minority area of the city. Thus, the Second Circuit simply employed the FHA to remove indefensible government policies that operated to perpetuate segregation by unreasonably restricting private construction of multi-family housing that would increase affordable housing options for minorities. Significantly, Huntington Branch did not impose affirmative housing obligations on private actors. To adopt the dissent's position would effectively mandate a landlord's participation in the voucher program any time the racial makeup of multi-family rental complex does not match the demographics of a nearby metropolitan area. That result, however, would be contrary to the cautionary standards that the Supreme Court has declared to be necessary both in evaluating a prima facie case and in ordering any remedial action: Were standards for proceeding with disparate-impact suits not to incorporate at least the safeguards discussed here, then disparate-impact liability might displace valid governmental and private priorities, rather than solely "remov[ing] ... artificial, arbitrary, and unnecessary barriers." Griggs, 401 U.S. at 431, 91 S.Ct. 849. And that, in turn, would set our Nation back in its quest to reduce the salience of race in our social and economic system. * * * Remedial orders in disparate-impact cases should concentrate on the elimination of the offending practice that "arbitrar[ily] ... operate[s] invidiously to discriminate on the basis of rac[e]." If additional measures are adopted, courts should strive to design them to eliminate racial disparities through race-neutral means. Remedial orders that impose racial targets or quotas might raise more difficult constitutional questions. ICP , 135 S.Ct. at 2524 (internal citations omitted). In any event, if such a burdensome and extreme mandate were to be attempted, it should be expressly legislated by Congress, not this court. Accordingly, we affirm the district court's rejection of ICP's disparate impact claim-whether it is viewed as one alleging an adverse impact on a particular minority group or, as discussed in Huntington Branch, one asserting "harm to the community generally by the perpetuation of segregation." 844 F.2d at 937. B. Disparate Treatment Liability: Lincoln and Owners The district court concluded ICP's disparate treatment claims asserted against all Defendants-Appellees were essentially "mislabeled" disparate impact claims that likewise should be dismissed. Specifically, the district court stated: Defendants refuse[d] to rent to or negotiate with Section 8 voucher holders regardless of race or color. There are no allegations made against Defendants' subjective application of their policy to Section 8 voucher holders. Plaintiff ICP's issue is with the existence of Defendants' policy, which is indicative of disparate impact rather than disparate treatment. Accordingly, having rejected ICP's disparate impact claims, the district court likewise dismissed ICP's disparate treatment claims. "Disparate treatment" is "deliberate discrimination." Munoz v. Orr , 200 F.3d 291, 299 (5th Cir. 2000). It refers to treating some people "less favorably than others because of a protected trait." Ricci v. DeStefano , 557 U.S. 557, 577, 129 S.Ct. 2658, 174 L.Ed.2d 490 (2009) (internal citations omitted). Such discrimination is shown by evidence of discriminatory action or by inferences from the fact of differences in treatment. L & F Homes & Dev., L.L.C. v. City of Gulfport, Miss., 538 F. App'x 395, 401 (5th Cir. 2013) (unpub.) (internal citations omitted). With discriminatory treatment claims, there can be no liability without a finding that the protected trait (e.g. , race) motivated the challenged action. Greater New Orleans Fair Hous. Action Ctr., Inc. v. Hotard , 275 F.Supp.3d 776, 786 (E.D. La. 2017) (citing Simms v. First Gibraltar Bank , 83 F.3d 1546, 1556 (5th Cir. 1996) (evidence must create reasonable inference race was significant motivating factor); Woods-Drake v. Lundy, 667 F.2d 1198, 1202 (5th Cir. 1982) ("Plaintiff need only prove that race must have been a significant factor in defendant's dealings)). Although we find dismissal of the disparate treatment claims asserted collectively against Defendants-Appellees to have been warranted, the district court's finding that they were "mislabeled" was not, given ICP's contention that the true rationale for the facially neutral "no vouchers" policies is the race of the voucher tenants, not the means (vouchers) by which rent is paid. As argued by the amicus curiae , the Lawyers' Committee for Civil Rights Under Law, so long as the requisite discriminatory intent is present, a seemingly race-neutral policy can give rise to actionable disparate treatment. See, e.g., ICP, 135 S.Ct. at 2513, 2518 (distinguishing between the discriminatory intent or motive required for disparate treatment liability and the discriminatory effect or consequence required for a disparate impact liability); Greater New Orleans Fair Housing Action Center v. St. Bernard Parish , 641 F.Supp.2d 563 (E.D.La.2009) (parish council's moratorium against construction of multi-family housing gave rise to both disparate intent and impact FHA discrimination violations). Such is often the case in employment discrimination cases where the proffered (neutral) rationale for an adverse employment action allegedly is pretext for discrimination. Further, that certain facts may be cited in support of both a disparate treatment and disparate impact claim does not automatically cause one claim to supersede the other. Cf. Vill. of Arlington Heights v. Metro. Hous. Dev. Corp ., 429 U.S. 252, 265, 97 S.Ct. 555, 50 L.Ed.2d 450 (1977) (Disproportionate impact of facially neutral legislation is not the "sole touchstone" of racially discriminatory purpose but "is not irrelevant" and "may provide an important starting point"). In fact, in ICP , the Supreme Court notes: "Recognition of disparate-impact liability under the FHA also plays a role in uncovering discriminatory intent: It permits plaintiffs to counteract unconscious prejudices and disguised animus that escape easy classification as disparate treatment." 135 S.Ct. at 2513. In the absence of direct evidence, claims of disparate treatment are evaluated utilizing the burden-shifting evidentiary standard established for discrimination cases based on circumstantial evidence. Petrello v. Prucka , 484 Fed. Appx. 939, 942 (5th Cir. 2012) ((citing Lindsay v. Yates, 498 F.3d 434, 438-39 (6th Cir. 2007) )); Mitchell v. Shane , 350 F.3d 39, 47 (2d Cir. 2003) ; Cox v. Phase III, Invs. No. CIV.A. H-12-3500, 2013 WL 3110218, at *8 (S.D. Tex. June 14, 2013). Thus, to state a claim for disparate treatment under § 3604(a), the plaintiff must allege facts supporting a prima facie case of (1) membership in protected class, (2) that the plaintiff applied and was qualified to rent or purchase housing; (3) that the plaintiff was rejected, and (4) that the housing thereafter remained open to similarly situated applicants after the plaintiff was rejected. Petrello, 484 Fed. Appx. at 942 ; Graoch Assocs. #33, LP v. Louisville/Jefferson Cty. Metro , 508 F.3d 366, 371 (6th Cir. 1996). If a prima facie case is alleged, a defendant may offer a legitimate, non-discriminatory reason for the rejection. The burden then shifts back to the plaintiff to rebut the reason offered by the defendant by showing it is a pretext for discrimination. In this instance, the vague and conclusory allegations of disparate treatment that ICP asserts collectively against Defendants-Appellees are legally insufficient to support a reasonable inference of intentional race discrimination. In short, ICP essentially asks the panel to automatically view a "no voucher tenants" policy as synonymous with a "no black tenants" policy without providing adequate (well-pleaded) factual support for that linkage (as opposed to conclusory statements and assertions based on speculation, assumptions, and stereotypes). Defendants-Appellees' presumed awareness that the voucher population in the Dallas metro area is disproportionately black cannot alone be enough. The same is true of Defendants-Appellees' alleged failure to respond to ICP's proposed financial incentive (one month's rent) and use of sublease and guarantor provisions purportedly sometimes utilized under other circumstances, e.g ., students subsidized by parents, first-time renters, and renters with low credit scores, and corporations subleasing to employees. Such conclusory allegations are at most "merely consistent with [ ] liability," and lack the factual support necessary to support a reasonable , rather than speculative, inference of intentional discrimination. For instance, ICP includes no facts supporting the claimed general existence of an otherwise qualified pool of voucher recipient applicants for Defendants-Appellees' properties. Nor is it plausible, based solely on ICP's conclusory assertions, that the proposed subleases and guarantees render ICP and its government voucher beneficiaries sufficiently similarly situated to business entities subleasing rental units to their employees, and credit-worthy parents serving as guarantors for students, such that Defendants-Appellees' lack of response is indicative of intentional race discrimination. C. Disparate Treatment Liability: Lincoln The disparate treatment asserted only against Lincoln differs from that asserted collectively against all Defendants-Appellees. Specifically, ICP contends Lincoln's alleged refusal to negotiate with or rent to otherwise qualified voucher households in majority white areas while, at the same time, negotiating with and renting to voucher holders in majority minority areas, evidences intentional race discrimination for purposes of the disparate treatment standard of liability under 42 U.S.C. § 3604(a) and 42 U.S.C. § 1982. Although ICP's complaint and briefs arguably intimate that Lincoln accepts vouchers at certain other properties located in predominately minority areas (as opposed to majority white areas), the pertinent allegations are insufficiently clear to provide the necessary certainty. Even after oral argument, it is unclear whether Lincoln's acceptance of vouchers is alleged to occur at properties in minority areas other than those for which voucher acceptance is mandated by law (e.g., in exchange for low-income tax credits) or contract, and thus is not the subject of Lincoln's discretion. On such a bare showing, we find no error in the district court's dismissal of the claim. D. Advertising Liability: Lincoln As its fourth claim under the FHA, ICP alleges Lincoln's advertisements violate 42 U.S.C. § 3604(c), which "prohibits advertisements for rental dwellings that show preference or discriminate based on race or color." 42 U.S.C. § 3604(c). Specifically, ICP contends Lincoln's statements of its "no vouchers" policy in the advertisements "appeal to the stereotype that because voucher tenants are Black, voucher tenants are undesirable as tenants and that the exclusion of voucher households makes the complex a more desirable place for White non-Hispanic tenants to live." Additionally, ICP contends "[t]he advertising injures ICP by perpetuating the stereotype that Black voucher households are inferior and undesirable." The advertisements about which ICP complains include the following three statements: Our community is not authorized to accept housing vouchers. Our community is not authorized to accept Section 8 housing. Our community is not authorized to accept ANY government subsidized rent programs. The district court rejected this claim, finding that Lincoln's advertisements "do not involve race or show any sort of racial preference." In making this determination, the district court concluded the advertisements do not "suggest[ ] to an 'ordinary reader' that a particular race is preferred or not preferred," and "[o]ne race is not synonymous with the words 'Section 8 housing', 'government subsidized rent program,' or 'housing voucher.' " Citing Miami Valley Fair Housing Center, Inc. v. Connor Group., 725 F.3d 571, 577 (6th Cir. 2013) for the proposition that " '[a]n ordinary reader' is neither the most suspicious nor the most insensitive person in our society," the district court concluded ICP had failed to convince it that "an ordinary reader would automatically equate Section 8 housing with [black] applicants." On appeal, ICP emphasizes that Lincoln utilizes these advertisements only in majority white census tracts, and questions the necessity of using three different statements to state what ICP considers to be the same single message, i.e. that vouchers are not accepted in the rental community. The advertisement, however, contains no explicit reference to race; rather, it simply states Lincoln's policies regarding the acceptance of vouchers or other government rent subsidies. And, while an ordinary reader might think one "no acceptance" statement is adequate, or question whether all three statements are necessary, the supposition that that an ordinary reader would infer a racial preference from them is entirely speculative and unwarranted. Indeed, including all three explicit statements likely lessens confusion and streamlines the rental process for prospective tenants and landlords. Furthermore, it is entirely logical that these advertisements would be utilized only where vouchers are not accepted. Accordingly, on the record before us, we likewise find no error in the district court's dismissal of this claim. IV. Based on the foregoing, we find the district court properly concluded that ICP's allegations fail to state claims upon which relief legally can be granted. Accordingly, the district court's judgment of DISMISSAL WITH PREJUDICE is AFFIRMED. W. EUGENE DAVIS, Circuit Judge, concurring in part and dissenting in part: While I concur in the majority's decision to affirm the dismissal of ICP's disparate-treatment and discriminatory advertising claims, I strongly dissent from the majority's decision to affirm the dismissal of ICP's disparate-impact claim. The question presented is whether ICP has alleged a plausible disparate-impact claim under the Fair Housing Act ("FHA"). Before that question can be answered, the type of disparate-impact claim asserted must be identified. As ICP contends, and as explained below, there are two different types of disparate-impact claims that may be asserted under the FHA, requiring different elements for a prima facie case. The first type of disparate-impact claim is like that recognized traditionally in the employment discrimination context; i.e. , the defendant's facially-neutral policy or practice has a disproportionately adverse effect on a protected group. The second type of disparate-impact claim, not found in the employment discrimination context, is that the defendant's policy or practice harms the community in general by perpetuating segregation. ICP asserts both types of disparate-impact claims in its complaint. In analyzing those claims under Rule 12(b)(6), however, the district court erred by failing to distinguish these two claims, mixing up their prima facie elements, and examining the alleged statistical information under its distorted framework. The majority compounds the district court's error by not only failing to differentiate the claims and their prima facie elements, but also, in defining "robust causation," creating new prima facie elements simply not found in any controlling precedent. Moreover, the majority's interpretation of "robust causation" threatens to eviscerate disparate-impact claims under the FHA altogether. In my view, and for the following reasons, ICP has set forth a plausible disparate-impact claim under the FHA in this case. The district court's decision dismissing the claim pursuant to Rule 12(b)(6) should be reversed, and ICP should be allowed to proceed. I. ICP asserts that Defendants' facially neutral "no vouchers" policy excludes a disproportionately Black population from housing at Defendants' properties, in violation of the FHA. As support for its disparate-impact claim, ICP alleged that the renter population in the Dallas area is such that Defendants'' "no vouchers" policy has a greater adverse impact on the Black renter population than the White renter population. Specifi