HUD published a Final Rule on Reinstatement of Discriminatory Effects Standard, also referred to as disparate impact. The Final Rule rescinds the HUD’s 2020 rule governing Fair Housing Act disparate impact claims and restores the 2013 discriminatory effects rule. HUD’s 2013 discriminatory effects rule codified long-standing caselaw for adjudication of Fair Housing Act cases under the discriminatory effects doctrine, for cases filed administratively with HUD and for federal court actions brought by private plaintiffs. Under the 2013 rule, a discriminatory policy on a protected class was unlawful if it was not necessary to achieve a substantial, legitimate, nondiscriminatory interest or if a less discriminatory alternative could also serve that interest. This Final Rule will go into effect 30 days after it is published in the Federal Register, which is scheduled for March 31.