HUD’s Final Disparate Impact Rule to be Published in the Federal Register

HUD’s final changes to the Disparate Impact Rule is pending publication to the Federal Register, according to the final rule document released close of business on September 4, before the long-weekend on Labor Day. HUD’s Disparate Impact Rule cleared the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMD) on September 2. This anti-fair housing rule has been under review at OIRA since May 7, 2020, and has received criticism from the NLIHC and other advocates since HUD proposed it last year.

The rule is expected to be put into effect thirty days after the date of publication in the Federal Register. NLIHC prepared a preliminary summary of key features when the rule proposal was published to the Federal Register last August. A side-by-side comparison of a key section (§100.500) of the current rule and HUD’s changes in its proposal is also available (see Memo, 8/19/2020). NLIHC plans to follow up with an analysis of the final rule and its changes from the proposal.

Read HUD’s final Disparate Impact Rule at:

A summary of HUD’s final rule, “HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard,” can be found in its spring regulatory agenda at:

A media statement by Diane Yentel, NLIHC president and CEO, on HUD’s proposed changes of the Disparate Impact Rule is at:

More about disparate impact is on page 7-8 of NLIHC’s 2020 Advocates’ Guide