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Reinstatement of HUD's Discriminatory Effects Standard

HUD · hud-fair-housing · Published 2023-03-31 · Effective 2023-05-01 · 88 FR 19450

Document

Document number
2023-05836
Federal Register citation
88 FR 19450
CFR reference
24 CFR 100
Type
Rule
Action
Final rule.
Category
hud-fair-housing
Agency
US Department of Housing and Urban Development
Publication date
2023-03-31
Effective date
2023-05-01
Docket
Docket No. FR-6251-F-02

Abstract

The Fair Housing Act prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities. This prohibition extends to practices with an unjustified discriminatory effect, regardless of whether there was an intent to discriminate. In 2013, HUD published a rule which formalized a burden- shifting test for determining whether a given practice has an unjustified discriminatory effect. In 2020, HUD published a rule that would have altered the standards set forth in the 2013 rule. However, a preliminary injunction prevented the 2020 rule from ever going into effect. On June 25, 2021, HUD published a proposed rule to recodify the 2013 rule. After considering public comments, HUD in this final rule reinstates and maintains the 2013 rule and rescinds the 2020 rule.

Source

Authoritative
Federal Register document
Machine
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