Disparate Impact: Policy Issue


Disparate impact liability occurs when a business practice or policy has a disproportionately adverse effect on a protected class under the Fair Housing Act, regardless of whether the discrimination was intentional.

circle of people's hands, symbolizing community

NAA Position

The apartment industry is committed to equal housing opportunity for all without regard to race, religion, color, sex, national origin, familial status or disability. However, more clarity is needed on the applicability of disparate impact liability, as it could be used to undermine apartment providers' otherwise valid policies to ensure safe and decent housing for residents.

As an Owner or Operator, How Does this Affect My Business?

At issue for apartment owners and managers is that seemingly neutral and common business policies, such as occupancy limitations, criminal background screening and Section 8 voucher policies, among others, could trigger discrimination claims despite no intention of singling out a particular group for adverse treatment.

Contact Information

To learn more about this issue, please contact NAA's Government Affairs team.

Related Content

Supreme Court Upholds Disparate Impact Liability,…

The U.S. Supreme Court decided to uphold disparate impact liability under the Fair Housing Act, a legal theory that prohibits neutrally-applied practices with a disproportionate impact on…
Learn More

NAA and NMHC Voice Strong Support for HUD’s…

NAA and NMHC filed comments with the U.S. Department of Housing and Urban Development (HUD) voicing strong support for the agency's newly released Proposed Rule on Disparate Impact under…
Learn More

HUD Issues Final Revised Disparate Impact Rule

On September 24, the U.S. Department of Housing and Urban Development (HUD) published its final rule, HUD’s Implementation of the Fair Housing Act's Disparate Impact Standard, effective October…
Learn More