Fair Housing - Disparate Impact: Operational Resources
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Disparate impact occurs when policies, practices, rules or other systems that appear to be neutral create an adverse effect on a protected group.  

Overview

Disparate impact occurs when policies, practices, rules or other systems that appear to be neutral create an adverse effect on a protected group.  This can occur when a policy that is unintentionally discriminatory becomes discriminatory when implemented. Below are resources to help navigate disparate impact claims that may be lurking when housing providers are conducting business operations.

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Member Resources

This White Paper analyzes the divergence between the standards used by the Department of Housing and Urban Development (“HUD”) and the United States Supreme Court in assessing disparate impact liability under the Fair Housing Act (“FHA”).

Comments in response to HUD's advanced notice of proposed rulemaking ("ANPR") titled "Reconsideration of HUD's Implementation of the Fair Housing Act's Disparate Impact Standard" (June 2018).

White paper providing detailed analysis of HUD’s recent guidance and final rules on disparate impact liability under the Fair Housing Act (FHA).

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