HUD PROPOSES REVISED 'DISPARATE IMPACT' RULE New proposed disparate impact rule more appropriately reflects 2015 Supreme Court ruling . WASHINGTON - The U.S. Department of Housing and Urban Development (HUD) today published a proposed rule to amend the HUD interpretation of the Fair Housing Act’s disparate impact standard. On July 16, 2015, HUD published the long-awaited final rule implementing the “Fair Housing Act of 1968” obligation for HUD to administer its programs in a way that affirmatively furthers fair housing. The notices are also available on HUDclips. “There is a lack of affordable housing in America today,” said HUD Secretary Ben Carson. “This proposed rule is intended to increase legal clarity and promote the production and availability of housing in all areas while making sure every person is treated fairly under the law. Fair housing advocates says the latest HUD move attempts to skip over the traditional months-long notice and comment process where stakeholders are inviting to weigh in on a proposed rule change. The rule has no impact on determinations of intentional discrimination. Below is a list of PIH notices which provide guidance, extensions, instructions, clarifications, announcements and other policy information. The proposal underscores Secretary Carson’s fundamental misunderstanding or willful misreading of the Fair Housing Act and its obligations. In its 2015 decision, the Supreme Court upheld the use of a 'disparate impact' theory to establish liability under the Fair Housing Act for business policies and local ordinances even if the policy or ordinance is neutral - in intent and application - if it disproportionately affects a protected class without a legally sufficient justification. HUD’s new proposal to gut the 2015 Affirmatively Furthering Fair Housing (AFFH) rule represents a complete retreat from efforts to undo historic, government-driven patterns of housing discrimination and segregation throughout the U.S. Washington has no business dictating what is best to meet your local community’s unique needs.”Now, a grantee’s certification that it has affirmatively furthered fair housing would be deemed sufficient if it proposes to take any action above what is required by statute related to promoting any of the attributes of fair housing. WASHINGTON - U.S. Department of Housing and Urban Development (HUD) Secretary Ben Carson today announced the Department will ultimately terminate the Obama Administration’s Affirmatively Furthering Fair Housing (AFFH) regulation issued in 2015, which … 2015 Notices, Rules and Regulations. As we have shown time and again, we will challenge any practice that discriminates against people that the law protects. “Instead, the Trump Administration has established programs like Opportunity Zones that are driving billions of dollars of capital into underserved communities where affordable housing exists, but opportunity does not.