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HUD/FHEO | RIN: 2529-AA98 | Publication ID: Fall 2018 |
Title: ●Reconsideration of HUD's Implementation of the Fair Housing Act's Disparate Impact Standard (FR-6111-A-01) | |
Abstract:
This advance notice of proposed rulemaking (ANPR) invites public comment on possible amendments to HUD’s 2013 final rule implementing the Fair Housing Act’s disparate impact standard, as well as the 2016 supplement to HUD’s responses to certain insurance industry comments made during the rulemaking. HUD is reviewing the final rule and supplement to determine what changes, if any, are appropriate following the Supreme Court’s 2015 ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., which held that disparate impact claims were cognizable under the Fair Housing Act and discussed standards for, and the constitutional limitations on, such claims. As HUD conducts its review, it is soliciting public comment on the disparate impact standard set forth in the final rule and supplement, the burden-shifting approach, the relevant definitions, the causation standard, and whether changes to these or other provisions of the rule would be appropriate. HUD is also issuing this ANPR in response to public comments submitted on its May 15, 2017, Federal Register notice seeking input on ineffective regulations and an October 26, 2017, recommendation from the. Department of the Treasury. |
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Agency: Department of Housing and Urban Development(HUD) | Priority: Other Significant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Other | |
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: Not Yet Determined |
Legal Deadline:
None |
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Timetable:
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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: Krista Mills Deputy Assistant Secretary, Office of Policy, Legislative Initiatives, and Outreach Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity 451 Seventh Street SW, Washington, DC 20410 Phone:202 402-6577 |