NMHC and NAA members met with HUD Acting Assistant Secretary for Fair Housing Bryan Greene on April 30 to discuss multifamily industry concerns regarding the Discriminatory Effects Standard Final Rule issued in February 2013. At the meeting, our members expressed concerns about the uncertainty created by the rule in relationship to the potential risk of liability for what have been considered legitimate business practices. They include practices such as criminal background checks that are used by the industry to ensure resident safety and the viability of multifamily housing.
The members stressed the need for additional clarification related to rental practices that otherwise might be considered unlawful under the disparate impact theory. Recognizing this need, Greene shared with the group that HUD is already working on additional guidance for the various impacted industries. The guidance is expected to be released as early as this summer.
NMHC/NAA is currently working to develop specific recommendations for clarification and will submit them to HUD for consideration.
Date Posted: May 2, 2014
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