- Created: Monday, 27 August 2018 12:26
- Written by Elizabeth Glidden
On August 20, MHP submitted a comment urging the U.S. Department of Housing and Urban Development (HUD) to continue robust enforcement of the disparate impact rule, an important mechanism to ensure the Fair Housing Act, which protects people of color, low-income people, disabled people and others from discriminatory housing practices, is fully enforced.
The disparate impact rule explains that housing practices that have a discriminatory effect are prohibited under the Fair Housing Act, even if there may not be evidence of discriminatory intent. The rule clarified a longstanding policy in fair housing enforcement, as HUD, the Department of Justice, and all circuit courts to consider the issues have determined that the Fair Housing Act prohibits policies and practices that have discriminatory effect.
In June, HUD announced it would consider changing the disparate impact rule, implemented by HUD in 2013, based on a 2015 U.S. Supreme Court decision, Texas Department of Housing and Community Affairs v. Inclusive Communities. Read more from the National Low Income Housing Coalition.