In 2015, the Supreme Court confirmed that disparate impact claims are cognizable under the Fair Housing Act in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. In response to the Court’s ruling, HUD announced its intention to review and revise its existing regulation concerning disparate impact claims. After receiving more than 45,000 comments, HUD published its new Disparate Impact rule on September 24, 2020 (the “2020 Rule”). The 2020 Rule was immediately challenged in three separate lawsuits, and was promptly enjoined by one court, after finding “no doubt that the 2020 Rule weakens disparate impact liability under the Fair Housing Act.”
In this webinar, the lead lawyers for each of the three lawsuits discuss their respective cases, the legal bases for their challenges to HUD’s 2020 Rule, and where the cases may be headed.