Will HUD’s New “Disparate Impact” Rule Stand in the Biden Administration??

On October 26, 2020, the U.S. Department of Housing and Urban Development adopted a new rule bolstering the requirements for establishing disparate impact liability, signaling a marked shift in the government’s prior approach to evaluating claims under the Fair Housing Act. The implementation of this rule follows the Supreme Court’s 2015 ruling in Tex. Dep’t of Housing & Cmty. Affairs et al. v. The Inclusive Communities Project, Inc. et al., 135 S. Ct. 2507 (2015) (“ICP I"). In ICP I, the...
By: Locke Lord LLP

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