Episode 26: HUD Proposes Eliminating Disparate Impact Rule

HUD has published a proposed rule to eliminate the 2013 Fair Housing Act disparate impact regulations, representing a significant shift in fair housing enforcement policy with comments due in February. What Is Disparate Impact? Allows fair housing claims based on discriminatory effects without proving intent Challenges policies like tenant screening criteria and occupancy standards Protects against facially neutral policies that harm protected classes Implications of Elimination: Plaintiffs would need to prove intentional discrimination—a higher legal bar Current compliance programs built around disparate impact could become less critical State and local fair housing laws may still enforce disparate impact standards Creates potential patchwork of requirements across jurisdictions Action Items: Review the proposed rule before the February comment deadline Consider submitting comments to shape housing policy Assess current compliance programs and potential changes Subscribe to The Spring Street Brief for daily affordable housing news covering fair housing, HUD policy, LIHTC, and compliance updates.]]>