Changes to HUD’s Disparate Impact Regulations Forthcoming

On Feb. 1, HUD sent proposed changes to its disparate impact regulations to the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB). OIRA now has up to 90 days to review the changes and send them back to HUD to publish in the Federal Register.

In June of last year, HUD published an advance notice of proposed rulemaking (ANPR) seeking comments on reconsideration of HUD’s implementation of the fair housing act’s disparate impact standard. HUD’s 2013 Disparate Impact final rule was published before the Supreme Court’s ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities in 2015. HUD stated in it’s June ANPR that it hoped to “determine what changes, if any, are appropriate following the Supreme Court’s 2015 ruling.”