HUD Restores “Discriminatory Effects” Rule

Today, the U.S. Department of Housing and Urban Development (HUD) announced that it has submitted to the Federal Register for publication a Final Rule entitled Restoring HUD's Discriminatory Effects Standard. The Final Rule rescinds the Department's 2020 rule governing Fair Housing Act disparate impact claims and restores the 2013 discriminatory effects rule. In the Final Rule, HUD emphasizes that the 2013 rule is more consistent with how the Fair Housing Act has been applied in the courts and in front of the agency for more than 50 years and that it more effectively implements the Act's broad remedial purpose of eliminating unnecessary discriminatory practices from the housing market.
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