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Reinstatement of HUD's Discriminatory Effects Standard

FR Abstract

The Fair Housing Act prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities. This prohibition extends to practices with an unjustified discriminatory effect, regardless of whether there was an intent to discriminate. In 2013, HUD published a rule which formalized a burden- shifting test for determining whether a given practice has an unjustified discriminatory effect. In 2020, HUD published a rule that would have altered the standards set forth in the 2013 rule. However, a preliminary injunction prevented the 2020 rule from ever going into effect. On June 25, 2021, HUD published a proposed rule to recodify the 2013 rule. After considering public comments, HUD in this final rule reinstates and maintains the 2013 rule and rescinds the 2020 rule.

Incorporation

FR Document Number

2023-05836

Federal Register Volume

Federal Register Year

2023-03-31

Federal Register Start Page

19450

Federal Register End Page

19500

Federal Agency

Housing and Urban Development Department

Federal Register Link

https://www.govinfo.gov/content/pkg/FR-2023-03-31/pdf/2023-05836.pdf

CFR Citation

24 CFR 100

FR Citation

88 FR 19450

CFR title

CFR Part

100

Document Number

HUD 2013 Rule

Document Edition

2013

Standard Title

Implementation of the Fair Housing Act’s Discriminatory Effects Standard

SDO

U.S. Department of Housing and Urban Development

Standard Number Link

https://www.hud.gov/press/press_releases_media_advisories/hud_no_23_054#:~:text…

Excerpts

should be incorporated into this rule. Only three additional illustrations of discriminatory practices under the Act at Â§â100.70(d) are incorporated from the â¦ A commenter also cited multiple district court decisions that have incorporated the language of Inclusive Communities when applying the 2013 Rule's â¦ 259 â See, e.g., Graoch, 508 F.3d at 373 (balancing test incorporated as elements of proof after second step of burden-shifting framework);

Record Source