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HUD/FHEO RIN: 2529-AB02 Publication ID: Spring 2022 
Title: Reinstatement of HUD's Discriminatory Effects Standard (FR-6251) 

In response to a recent court ruling, HUD is issuing this proposed rule to clarify the framework for assessing discriminatory effects claims under the Fair Housing Act. On October 25, 2020, the U.S. District Court for the District of Massachusetts, in Massachusetts Fair Housing Center v. HUD, issued a nationwide preliminary injunction that delayed the effective date of HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard final rule published on September 24, 2020 and enjoined HUD from implementing or enforcing the rule. The Court also required HUD to preserve the status quo pursuant to the regulations in effect prior to the injunction. As a result of the preliminary injunction, HUD’s 2020 disparate impact rule never went into effect. The Court in granting the preliminary injunction, also determined that the 2020 rule was likely arbitrary and capricious. Consequently, in view of the preliminary injunction and upon further consideration, HUD is proposing to reinstate the 2013 discriminatory effects rule.

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 
CFR Citation: 2 CFR 100   
Legal Authority: 42 U.S.C. 3535(d)    42 U.S.C. 3600 to 3620   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/25/2021  86 FR 33590   
NPRM Comment Period End  08/24/2021 
Final Action  09/00/2022 
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:
Demetria McCain
Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity
Department of Housing and Urban Development
Office of Fair Housing and Equal Opportunity
451 7th Street SW,
Washington, DC 20410
Phone:202 402-5159