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Fair Housing Act (FHA) Burden-Shifting Department of Housing and Urban Development

Ballard Spahr LLP

Court Rules in Favor of HUD in Disparate Impact Rule Case

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More than ten years after the filing of the initial complaint challenging the 2013 disparate impact rule (Rule) adopted by the U.S. Department of Housing and Urban Development (HUD) under the Fair Housing Act (Act), the...more

Burr & Forman

HUD Clarifies Standard Applicable to “Discriminatory Effects” Claims Under Fair Housing Act

Burr & Forman on

Under the Fair Housing Act, it is unlawful for a seller, lessor, or financier of housing to discriminate based on race, color, religion, sex (including sexual orientation and gender identity), disability, familial status, or...more

Orrick, Herrington & Sutcliffe LLP

HUD restores 2013 discriminatory effects rule

On March 17, HUD announced the submission of a final rule—Reinstatement of HUD’s Discriminatory Effects Standard—which would rescind the agency’s 2020 regulation governing Fair Housing Act (FHA or the Act) disparate impact...more

Ballard Spahr LLP

HUD issues final rule revising its FHA disparate impact standards to reflect SCOTUS Inclusive Communities decision

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On September 4, 2020, the Department of Housing and Urban Development (“HUD”) issued a final rule revising its 2013 Fair Housing Act (“FHA”) disparate impact standards (“2013 Rule”) to reflect the U.S. Supreme Court’s 2015...more

Lowndes

HUD’s Revised Rule Makes “Disparate Impact” Claims Under the Fair Housing Act More Difficult

Lowndes on

Late last week, the U.S. Department of Housing and Urban Development issued its final order relating to claims of “disparate impact” under the Fair Housing Act. Under the theory of disparate impact, the Fair Housing Act can...more

Skadden, Arps, Slate, Meagher & Flom LLP

Proposed Rule Could Substantially Affect ‘Disparate Impact’ Claims Under the Fair Housing Act

In August 2019, the U.S. Department of Housing and Urban Development (HUD) proposed rulemaking that potentially would make it harder to bring disparate impact discrimination claims under the Fair Housing Act. The proposed...more

Ballard Spahr LLP

HUD publishes proposed revisions to disparate impact rule

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HUD’s proposed revisions to its disparate impact rule were published in today’s Federal Register.  Comments on the proposal are due on or before October 18, 2019. ...more

Ballard Spahr LLP

Proposed changes to HUD disparate impact rule would create new burden-shifting framework to reflect Inclusive Communities

Ballard Spahr LLP on

The Department of Housing and Urban Development is expected to soon release proposed revisions to its 2013 rule under which HUD or a private plaintiff can establish liability under the Fair Housing Act (FHA) for...more

Ballard Spahr LLP

HUD Seeks Comment on Disparate Impact Rule

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The U.S. Department of Housing and Urban Development (HUD) has issued an advance notice of proposed rulemaking (ANPR) seeking comment on whether its 2013 Disparate Impact Rule (Rule) should be revised in light of the 2015...more

Ballard Spahr LLP

HUD Reconsiders 2013 Disparate Impact Final Rule

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Yesterday, HUD issued an advanced notice of proposed rulemaking requesting public comments to its 2013 Final Rule which implemented the Fair Housing Act’s disparate impact standard. ...more

Ballard Spahr LLP

District Court Dismisses Disparate Impact Claim of Inclusive Communities

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A federal court in Texas recently dismissed a housing discrimination claim that was based on alleged disparate impact under the Fair Housing Act (FHA), the latest in a series of decisions applying landmark U.S. Supreme Court...more

WilmerHale

High Court Inclusive Communities Ruling: 1 Year Later

WilmerHale on

Last summer the U.S. Supreme Court issued its much-anticipated decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project,[1] holding that disparate impact discrimination claims are...more

Holland & Knight LLP

HUD Releases Guidance on Criminal Background Checks by Housing Providers

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The U.S. Department of Housing and Urban Development (HUD) on April 4, 2016, issued guidance addressing Fair Housing Act liability regarding the use of criminal background checks or screenings in housing determinations....more

Dechert LLP

HUD's Final Rule on Fair Housing Act Liability Explained in New Dechert OnPoint

Dechert LLP on

February has certainly been a big month for federal agencies to issue long-awaited final rules. The latest agency to throw its hat into the ring is the U.S. Department of Housing and Urban Development, which recently codified...more

Dechert LLP

U.S. Department of Housing and Urban Development Issues Final Rule Affirming Use of Disparate Impact to Establish Liability for...

Dechert LLP on

The U.S. Department of Housing and Urban Development (“HUD”) issued a final rule (“Rule”) on February 8, 2013, which provides additional support to potential government and private plaintiffs seeking to challenge “facially...more

Morrison & Foerster LLP

HUD Issues Aggressive New Fair Housing Rule

The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule — which it plans to apply retroactively — is simply a codification of its...more

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