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Implementation of the Fair Housing Act's Discriminatory Effects Standard

HUD · hud-fair-housing · Published 2013-02-15 · Effective 2013-03-18 · 78 FR 11460

Document

Document number
2013-03375
Federal Register citation
78 FR 11460
CFR reference
24 CFR 100
Type
Rule
Action
Final rule.
Category
hud-fair-housing
Agency
US Department of Housing and Urban Development
Publication date
2013-02-15
Effective date
2013-03-18
Docket
Docket No. FR-5508-F-02

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.\1\ HUD, which is statutorily charged with the authority and responsibility for interpreting and enforcing the Fair Housing Act and with the power to make rules implementing the Act, has long interpreted the Act to prohibit practices with an unjustified discriminatory effect, regardless of whether there was an intent to discriminate. The eleven federal courts of appeals that have ruled on this issue agree with this interpretation. While HUD and every federal appellate court to have ruled on the issue have determined that liability under the Act may be established through proof of discriminatory effects, the statute itself does not specify a standard for proving a discriminatory effects violation. As a result, although HUD and courts are in agreement that practices with discriminatory effects may violate the Fair Housing Act, there has been some minor variation in the application of the discriminatory effects standard. ---------------------------------------------------------------------------

Source

Authoritative
Federal Register document
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