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HUDRulemakingHUD-2026-0034

FR-6540-P-01 HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard

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Jan 27, 2026
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American Bankers Association filed 1 comment on this docket between Feb 13, 2026 and Feb 13, 2026. 50 other organizations filed here. The comment window closed 165d ago.

What American Bankers Association filed (1)

Feb 13, 2026· Comment Submitted by American Bankers Association· HUD-2026-0034-0513

Filed on regulations.gov — full text not in the inline record.

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Abstract

FR-6540-P-01 The Fair Housing Act prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities. Since 2013, HUD has issued three final rules for determining whether a given practice has an unjustified discriminatory effect under the Fair Housing Act, even where practices were not motivated by discriminatory intent. These rules formalized legal tests that were not explicit in statute and imposed a presumption of unlawful discrimination when any variance in outcomes exists among protected classes, even without a showing of a facially discriminatory policy or discriminatory intent. Through this rulemaking, HUD is proposing to remove its discriminatory effects regulations and leaving to courts questions related to interpretations of disparate impact liability under the Fair Housing Act.

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FR-6540-P-01 HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard (HUD) — American Bankers Association | OpenPolis