# Reinstatement of HUD's Discriminatory Effects Standard
> **US Department of Housing and Urban Development** · Final rule. · Published 2023-03-31 · Effective 2023-05-01 · 88 FR 19450
## Document
- **Document number:** 2023-05836
- **Category:** hud-fair-housing
- **Agency:** US Department of Housing and Urban Development
- **Federal Register citation:** 88 FR 19450
- **CFR reference:** 24 CFR 100
- **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
- [Federal Register document](https://www.federalregister.gov/documents/2023/03/31/2023-05836/reinstatement-of-huds-discriminatory-effects-standard)
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