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HUD/FHEO RIN: 2529-AB09 Publication ID: 2026 
Title: HUD's Implementation of the Fair Housing Act's Disparate Impact Standard (FR-6540) 
Abstract:

Title VIII of the Civil Rights Act of 1968, as amended (Fair Housing Act or Act), prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities on the basis of race, color, religion, sex, disability, familial status, or national origin. HUD has long interpreted the Act to create liability for practices with an unjustified discriminatory effect, even if those practices were not motivated by discriminatory intent. This proposed rule would amend HUD’s interpretation of the Fair Housing Act’s disparate impact standard to better reflect the Supreme Court’s 2015 ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. and additional rulings since 2015. 

 
Agency: Department of Housing and Urban Development(HUD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Deregulatory 
CFR Citation: 24 CFR 100   
Legal Authority: 42 U.S.C. 3608   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  01/14/2026  91 FR 1475   
NPRM Comment Period End  02/13/2026 
Second NPRM  08/00/2026 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Scott Knittle
Principal Deputy General Counsel
Department of Housing and Urban Development
451 7th Street SW,
Washington, DC 20410
Phone:202 708-2244