HUD and the Disparate Impact Rule

On June 25, 2021, President Biden’s newly appointed Housing Secretary Marcia Fudge proposed to rescind a Secretary Carson-era disparate impact rule designed to implement the Fair Housing Act. In its place, HUD would reinstate the 2013 Discriminatory Effect Standard because the 2013 rule "better states Fair Housing Act jurisprudence and is more consistent with the Fair Housing Act’s remedial purposes." By the time notice and comment ended on August 24, 2021, over ten thousand public comments had been submitted.

Critics of Secretary Fudge’s proposed rule, including Ranking Member Senator Pat Toomey, argue that the change not only flouts the Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities but also ultimately hurt consumers. Proponents argue that the change will move the housing market towards greater equity.

Join a panel of experts with a diversity of views to discuss the pros and cons.

Featuring:

-- Morgan Williams, General Counsel, National Fair Housing Alliance

-- Paul Compton, Founding Partner, Compton Jones Dresher

-- Moderator: Devon Westhill, President and General Counsel, Center for Equal Opportunity