New Fair Housing Rule Eases Defense of Disparate Impact Claims

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Posted To: MND NewsWire

Monday’s edition of the Federal Register featured a proposed rule that, depending on your viewpoint, would amend the Department of Housing and Urban Development’s (HUD’s) interpretation of the Fair Housing Act’s disparate impact standard, (HUD) or “make a major change to a well-settled standard on how the agency and the courts review claims of discrimination under the Fair Housing Act of 1968” (Urban Institute.) The announcement from HUD says its proposed rule would provide more appropriate guidance on what constitutes unlawful disparate impact to better reflect the Supreme Court’s 2015 ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. The court ruled that “disparate impact” is one arising out of an action that is not necessarily discriminatory…(read more)

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