Removing Barriers Blog

CUNA Encourages HUD to Revise its Disparate Impact Rule
Posted August 20, 2018 by CUNA Advocacy

HUD recently issued an advance notice of proposed rulemaking (ANPR) seeking input on whether it should/must revise its rule (adopted in 2013) implementing the Fair Housing Act’s disparate impact standard in light of a 2015 US Supreme Court ruling. While the Court’s ruling doesn’t explicitly address HUD’s disparate impact rule, it does address aspects of the disparate impact standard present in HUD’s rule.

It appears to us, that there are some inconsistencies between HUD’s existing rule and the language used in the Court’s decision regarding the test for determining a disparate impact violation. Thus, on Friday, CUNA filed a letter encouraging HUD to formally propose changes to its disparate impact rule to bring it into conformity with the Court’s ruling.

In addition to CUNA’s individual letter, we joined a number of other trade associations in a joint letter to HUD sent earlier today that also expresses our concern that HUD’s regulation needs revision in light of the Supreme Court ruling.