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HUD to Publish Proposed Rule to Reinstate Disparate Impact Provision for FHA

Thursday, June 24, 2021 - 9:15AM

The U.S. Department of Housing and Urban Development (HUD) will publish in Friday’s Federal Register a proposed rule reinstating its previous rule on disparate impact’s role in the Fair Housing Act. The proposal would reinstate the 2013 rule that allowed evidence of discriminatory effects–including acts that were seemingly neutral, but had unequal effects–to be considered discrimination. HUD published a notice of proposed rulemaking in 2019 that would have weakened the ability to prove discrimination through disparate impact. HUD this year reconsidered the 2020 rule and now proposes the reinstatement of the 2013 rule. Comments on the proposed rule are due by Aug. 24.

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