The Spring Street Brief

Episode 33: Multistate Coalition Opposes HUD Disparate Impact Rollback


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A coalition of 24 state attorneys general, led by California AG Rob Bonta, submitted comments opposing HUD's proposed rollback of Fair Housing Act disparate impact regulations.

Disparate Impact Standard:

  • Upheld by Supreme Court in 2015 (Texas v. Inclusive Communities)
  • Allows challenges to practices with discriminatory effects
  • No proof of discriminatory intent required

Coalition Opposition:

  • 24 state attorneys general call proposed rule unlawful
  • NAACP Legal Defense Fund urges maintaining framework
  • Housing Assistance Council highlights rural community impacts
  • Marin County expresses local compliance concerns

Implications for Owners:

  • Outcome shapes compliance requirements for years
  • State fair housing laws may still enforce disparate impact
  • Potential patchwork of requirements across jurisdictions

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The Spring Street BriefBy Spring Street Management Group