In February 2013, Morrison & Foerster published the client alert "HUD Issues Aggressive New Fair Housing Rule."
Summary:
The U.S. Department of Housing and Urban Development (HUD) has finally issued its much-debated disparate impact rule. HUD argues that the rule—which it plans to apply retroactively—is simply a codification of its existing position that the Fair Housing Act authorizes disparate impact claims. But the rule goes well beyond that. It articulates a burden-shifting framework that places significant new legal burdens onto defendants, and it "clarifies" the standard for "business justification" that HUD had originally proposed into a test that courts have affirmatively rejected.
To read the full alert, click here.
Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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