NMHC/NAA recently filed comments with HUD regarding disparate impact. The comments raised concerns about the conflicts between the agency’s Final Rule on Disparate Impact and the Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities.
Specifically, NMHC/NAA argued that numerous HUD regulations and guidance documents reinforce an interpretation of disparate impact that conflicts with recent legal precedent and creates uncertainty in housing providers use of long-held business practices. NMHC/NAA also joined others in the industry in sending a real estate coalition comment letter, which reiterated these concerns.
As previously reported, NMHC/NAA urged members to take action and submit comments to HUD regarding this issue. HUD received nearly 2,000 comment letters, from various industry and advocacy groups. NMHC/NAA will continue to work to urge HUD to revise the Final Rule on Disparate Impact and will keep members apprised.
For more information regarding disparate impact, please visit our advocacy page.
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