HUD Revived Fair Housing Act Rules: Disparate Impact and Affirmatively Furthering Fair Housing

A live 90-minute premium CLE video webinar with interactive Q&A


Tuesday, June 29, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will provide counsel with guidance on the reinstated and revised rules under the Fair Housing Act. The panel will discuss the current and anticipated revisions to the standard for disparate impact discrimination claims and the Affirmatively Furthering Fair Housing (AFFH) Interim Final Rule that requires local housing data to be analyzed for discriminatory patterns and submit to HUD plans to address those patterns to continue receiving federal funds.

Description

President Biden signed an executive order that, among other things, directed HUD to reevaluate earlier agency decisions perceived to weaken the Fair Housing Act. In response to this directive, HUD has submitted draft rules to the Office of Management and Budget that would roll back two significant changes made by the prior administration's HUD.

First, HUD has submitted a proposed rule to revise the standard for disparate impact discrimination claims. Second, HUD has submitted an interim final rule related to the AFFH rule, an Obama-era regulation requiring that certain municipalities and housing authorities perform assessments related to desegregation. The review period for the two rules is limited to 90 days by executive order, so the substance of these rules should be made public by July 2021.

It is believed the current administration will reinstate a 2013 regulation codifying HUD's long-standing view that the Fair Housing Act banned housing practices that disparately impact protected classes of individuals and reestablish the three-part burden shifting test to establish a housing discrimination claim.

HUD's second proposed rule--an interim final rule that will take effect once published in the Federal Register--relates to the AFFH rule. AFFH required housing authorities, cities, and towns to analyze local housing data for discriminatory patterns and submit to HUD plans to address those patterns to continue receiving federal funds.

Listen as our expert panel discusses the current state of HUD regulations related to the Fair Housing Act and addresses concerns that all stakeholders may have regarding potential claims and risk.

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Outline

  1. Fair Housing Act rules
    1. History
    2. Disparate impact
      1. Burden shifting test
      2. Litigation challenges
    3. Affirmatively Furthering Fair Housing
      1. Analysis of local housing data
    4. Submission to HUD plans to address patterns
    5. Future HUD proposed FHA rules

Benefits

The panel will review these and other important issues:

  • How will the disparate impact rule under Biden's HUD differ from the prior rule?
  • Who is impacted by the AFFH rule?
  • What requirements will HUD have for municipalities that have discriminatory patterns in housing?
  • What are the likely future Biden administration fair housing rules and regulations?

Faculty

Glassman, Amy
Amy Glassman

Partner
Ballard Spahr

Ms. Glassman represents public housing authorities, developers, nonprofits, and other recipients of HUD funds in...  |  Read More

Kelly, Harry
Harry J. Kelly

Partner
Nixon Peabody

Mr. Kelly’s practice focuses on transactional and litigation aspects of housing, fair housing, reasonable...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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