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HUD/FHEO RIN: 2529-AA98 Publication ID: Fall 2019 
Title: HUD's Implementation of the Fair Housing Act's Disparate Impact Standard (FR-6111-P-01)  

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 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 to provide clarification regarding the application of the standard to State laws governing the business of insurance.  This rule follows a June 20, 2018, advance notice of proposed rulemaking, in which HUD solicited comments on the disparate impact standard set forth in HUD’s 2013 final rule, including the disparate impact rule’s burden-shifting approach, definitions, and causation standard, and whether it required amendment to align with the Inclusive Communities Project, Inc. case.

Agency: Department of Housing and Urban Development(HUD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 24 CFR 100   
Legal Authority: 42 U.S.C. 3608   
Legal Deadline:  None
Action Date FR Cite
ANPRM  06/20/2018  83 FR 28560   
ANPRM Comment Period End  08/20/2018 
NPRM  08/19/2019  84 FR 42854   
Public Comment Due Date  10/18/2019 
Final Action  04/00/2020 
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:
David Enzel
Deputy Assistant Secretary for Enforcement and Programs
Department of Housing and Urban Development
Office of Fair Housing and Equal Opportunity
451 Seventh Street SW,
Washington, DC 20410
Phone:202 402-5557