HUD's Proposed Changes to its Fair Housing Act Disparate Impact Rule

Published: Dec. 12, 2019, 2:35 p.m.

Our podcast looks at the proposed changes to HUD's rule for establishing liability under the FHA for discriminatory practices based on disparate impact even without discriminatory intent. We discuss the proposal’s history, five-part burden-shifting framework, available defenses (looking closely at those for models used to assess credit risk), and HUD’s likely next steps.