HUD Formalizes Discriminatory Effects Standard
The agency issues a final rule on whether a housing practice violates the Fair Housing Act.
The Department of Housing and Urban Development (HUD) issued a final rule to formalize a national standard for determining whether a housing practice violates the Fair Housing Act (FHA) as the result of a “discriminatory effect.” The rule went into effect on March 18, 2013.
Necessary to achieve one or more substantial, legitimate, nondiscriminatory interests; and
- Couldn’t be served by another practice that has a less discriminatory effect.
The plaintiff first bears the burden of proving a practice results in, or would predictably result in, a discriminatory effect on the basis of a protected characteristic.
If the plaintiff proves his or her case, the burden of proof shift s to the defendant to prove that the challenged practice is necessary to achieve one or more of its “substantial, legitimate, nondiscriminatory interests.”
- If the defendant satisfies this burden, then the plaintiff might still establish liability by proving the substantial, legitimate, nondiscriminatory interest could be served by a practice with less discriminatory effect.