NAHMA HUD Update: HUD Publishes Fair Housing Disparate Impact Proposed Rule

June 25, 2021

Dear NAHMA Members,


Today, HUD published a proposed rule in the Federal Register titled Restoring HUD’s Discriminatory Effects StandardThe proposed rule would rescind HUD’s 2020 disparate impact rule and restore the 2013 discriminatory effects rule. HUD believes the 2013 rule is more consistent with decades of case-law and better effectuates the Fair Housing Act’s broad remedial purpose of eradicating unnecessary discriminatory practices from the housing market. HUD has stated that it will continue to enforce the Fair Housing Act, including addressing policies and practices by housing providers, lenders, insurers, appraisers, and others that cause unjustified systemic inequities based on race or other protected class.

Please note that if you would like NAHMA to submit comments on the proposed rule to HUD, members should provide NAHMA staff comments by August 13th, 2021.

The Restoring HUD’s Discriminatory Effects Standard proposed rule is attached, and also available here.

To view the press release from HUD Secretary Marcia Fudge on the proposed rule, click here.