HUD proposed a rule today that would set a higher bar for housing discrimination claims
HUD Secretary Ben Carson last year over his decision to suspend a 2015 rule requiring communities to proactively track and address discrimination.
By signing up you agree to receive email newsletters or alerts from POLITICO. You can unsubscribe at any time. a draft of the proposal late last month. Brown said the Trump administration “should stop trying to put a thumb on the scale for discriminators and instead do its part to ensure fair housing for all.”“There is nothing in this rule that has anything to do with intentional discrimination,” Compton said in an interview. “Disparate impact is not going away as a theory that this department is going to use to assert liability.
The high court held that disparate impact claims can be brought under the Fair Housing Act but said “disparate impact liability must be limited so employers and other regulated entities are able to make the practical business choices and profit-related decisions that sustain a vibrant and dynamic free-enterprise system.”2013 rule in line with the court’s decision in that case.
They would also have to show that the practice adversely affects members of a protected class as a group, that the disparity is “significant,” and that the “complaining party’s alleged injury is directly caused” by the challenged practice.Once a plaintiff establishes that a practice causes a discriminatory effect, the burden of proof shifts to the defendant to show that the practice is necessary to achieve a legitimate interest.
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