WASHINGTON – U.S. Department of Housing and Urban Development (HUD) Secretary Marcia L. Fudge announced on Thursday that HUD will publish in the Federal Register a notice of proposed rulemaking (NPRM) entitled Restoring HUD’s Discriminatory Effects Standard. The publication proposes to rescind the Department’s 2020 disparate impact rule and restore the 2013 discriminatory effects rule. In its NPRM, HUD states that it believes the 2013 rule is more consistent with decades of caselaw and better effectuates the Act’s broad remedial purpose of eradicating unnecessary discriminatory practices from the housing market.
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The public will have 60 days to file comments on the NPRM. HUD will review the comments, develop responses, and publish a final rule. In the meantime, HUD’s Office of Fair Housing and Equal Opportunity (FHEO) continues to vigorously enforce the Fair Housing Act, including addressing policies and practices by housing providers, lenders, insurers, appraisers, and others that cause unjustified systemic inequities based on race or other protected class.
For more information, go to www.hud.gov.