The Discriminatory Effects Standard (commonly known as Disparate Impact) of the Fair Housing Act of 1968 upholds our societal obligation to fairness by respecting and protecting equal opportunity. The goal of the Disparate Impact standard is to root out unjustified practices that discriminate against groups protected by the Fair Housing Act, even where there is no specific evidence of discriminatory intent. The standard is based on an understanding of how hidden, stubborn prejudice can result in needless, facially neutral policies that discriminate against protected classes in practice. Without clear support for this standard from the federal government, both public and private actors will be given virtual license to design and implement discriminatory policies.

Reinstatement of Disparate Impact Rule (2023)
Reinstatement of HUD’s Discriminatory Effects Standard

Open Communities Alliance v. HUD (2020) Challenges to Trump Administration Rule

In October 2020, PRRAC joined in a federal lawsuit to challenge the Trump Administration’s “disparate impact” rule, which adds a series of new hurdles for victims of discrimination at the pleading stage as well as adding unprecedented new defenses, making it virtually impossible to prevail on a disparate impact claim under the Fair Housing Act. Most egregiously, the rule eliminates “perpetuation of segregation” as a basis for liability under the Act. The plaintiffs include the Open Communities Alliance (CT) and SouthCoast Fair Housing (MA), represented by lawyers from the ACLU, Lawyers Committee, PRRAC, and Cohen & Milstein.

Select Comment Letters (2019)

Other Selected Comment Letters

Relevant materials (2017-2019)