The proposal also would clarify a number of issues with HUD’s current disparate impact standard, promulgated in 2013. Last year, HUD began soliciting comment on changing the disparate impact rule, and earlier this month, a copy of the proposed rule began making the rounds in Washington, D.C. and beyond. The proposed rule has the potential to significantly affect mortgage and housing cases under the Fair Housing Act, and it may likewise affect non-mortgage credit, such as auto or student loans, as regulators and courts will likely draw on HUD’s standard for guidance in interpreting the Equal Credit Opportunity Act.The proposed rule also would modify the less discriminatory alternative and business justification standards.Questions as to when and whether the rule will be finalized in its current form aside, the changes proposed by HUD would significantly affect the litigation of disparate impact cases under the Fair Housing Act and may influence non-mortgage fair lending cases brought under the Equal Credit Opportunity Act or state laws, insofar as regulators or courts look to the new HUD standards for guidance. New construction home … HUD PROPOSES REVISED 'DISPARATE IMPACT' RULE New proposed disparate impact rule more appropriately reflects 2015 Supreme Court ruling . The U.S. Department of Housing and Urban Development (HUD) today announced a proposed rule change that would severely weaken the “disparate impact” protection under the Fair Housing Act, which requires banks, landlords and other housing providers to choose policies that apply fairly to all persons. But now, disparate impact is at risk — along with our ability to successfully fight discrimination. Make your voice heard to combat corporate interests and housing providers who seek to undo the positive steps we have made for fair housing.In 2015, the U.S. Supreme Court upheld the use of disparate impact to address housing discrimination. The Trump administration is now considering whether to gut disparate impact, apparently urged on by corporate actors.
Don’t let your home buyers be caught off guard: Help them be ready to face steep competition.
Trump administration housing rule change would weaken important tool. At the end of the day, this rule not only increases Americans’ access to fair and affordable housing, but also permits businesses and local governments to make valid policy choices." In August, the U.S. Department of Housing and Urban Development proposed a rule critics say would make it harder for people to fight housing discrimination. Members of the public have until Oct. 18 to weigh in on the disparate impact rule change. We have decades of on the ground experience from Detroit to Lansing and Grand Rapids to Kalamazoo. NAR: Don't Change Disparate Impact Rule.
The rule has no impact on determinations of intentional discrimination. At the end of the day, this rule not only increases Americans’ access to fair and affordable housing, but also permits businesses and local governments to make valid policy choices.”Rather, Compton said the changes bring HUD’s policies in line with what the Supreme Court laid out in its ruling on the matter.The rule also establishes the five factors that would need to be proved by the plaintiffs to establish disparate impact.
The FHA was enacted as part of the Civil Rights Act of 1968. Under the proposed standards, plaintiffs would have a higher burden to proceed with disparate impact claims, and lenders would have an additional incentive to use quantitative models that meet the standards for the new defenses set forth in the proposal.With the advancement of artificial intelligence and “big data,” and the widespread use of models and algorithms across the consumer finance industry for loan underwriting, pricing and other decisions, the availability of this new defense could prove significant.The proposed rule requires plaintiffs to allege that a “specific, identifiable policy or practice has a discriminatory effect” and to “plausibly allege” the following:The proposed rulemaking also includes two categories of new defenses. Disparate impact is legal term defined by the use of statistics to hold businesses accountable for unintentional discrimination. “The Trump administration’s efforts to weaken the Fair Housing Act will undermine equal opportunity in housing. Questions as to when and whether the rule will be finalized in its current form aside, the changes proposed by HUD would significantly affect the litigation of disparate impact cases under the Fair Housing Act and may influence non-mortgage fair lending cases brought under the Equal Credit Opportunity Act or state laws, insofar as regulators or courts look to the new HUD standards for …
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