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HUD recently released a proposed rule that would revise the 2013 disparate impact rule, which set the standard for determining when a practice with a discriminatory effect violates the Fair Housing Act. Disparate impact is a legal doctrine under the Fair Housing Act which states that a policy may be considered discriminatory if it has a disproportionate “adverse impact” against any group based on race, national origin, color, religion, sex, familial status, or disability when there is no legitimate, nondiscriminatory business need for the policy.
