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HUD recently sent proposed changes to the disparate impact regulations to the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget. HUD’s disparate impact rule was enacted by HUD during the Obama administration and is used as a way to enforce the Fair Housing Act. Under HUD’s rule, lenders, landlords, and other housing providers can be held liable for discrimination against protected classes even if it wasn’t their intent to discriminate.
