Comments due on HUD proposal to recodify 2013 rule on FHA discriminatory effects standard
In 2020, HUD published a rule titled “HUD's Implementation of the Fair Housing Act's Disparate Impact Standard." Prior to the effective date of the 2020 rule, the U.S. District Court for the District of Massachusetts issued a preliminary injunction in Massachusetts Fair Housing Center v. HUD, staying HUD's implementation and enforcement of the rule. Consequently, the 2020 Rule never took effect. After reconsidering the 2020 Rule, HUD is proposing to recodify its previously promulgated rule titled, “Implementation of the Fair Housing Act's Discriminatory Effects Standard,” which, as of the date of publication of this Proposed Rule, remains in effect due to the preliminary injunction. HUD believes the 2013 Rule better states Fair Housing Act jurisprudence and is more consistent with the Fair Housing Act's remedial purposes.
HUD's proposal to recodify the 2013 rule has been published at 86 FR 33590 in this morning's Federal Register. Comments on the proposal are due by August 24, 2021.