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"HUD’s disparate impact proposal clarifies fair lending laws" by Jeffrey P. Naimon and H Joshua Kotin (Law360)

Law360

Jeffrey P. Naimon, H Joshua Kotin

The U.S. Department of Housing and Urban Development last month released its long-anticipated proposal to revise its disparate impact rule under the Fair Housing Act.

Although the proposal has attracted some criticism from those who believe the proposal would make it more difficult for plaintiffs to prove discrimination claims, a closer read shows the proposal carefully aligns HUD’s standards with the U.S. Supreme Court’s 2015 decision on disparate impact in housing in Texas Department of Housing and Community Affairs v. Inclusive Communities Project Inc.

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Originially published in Law360; reprinted with permission.

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