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.
PRRAC is part of a campaign along with the National Fair Housing Alliance, The Leadership Conference on Civil and Human Rights, NAACP Legal Defense & Educational Fund, Inc., Lawyers’ Committee for Civil Rights Under Law, American Civil Liberties Union, and Center for Responsible Lending. As national civil rights organizations, we are united by our belief in equality and fairness, our desire to educate the public on important civil rights protections, and our commitment to #DefendCivilRights from those looking to weaken them.
You can send a public comment to HUD through the campaign website using this link.
Relevant materials
- PRESS RELEASE: PRRAC Condemns HUD’s New Assault on the Fair Housing Act (August 2019)
- Notice of Proposed Rulemaking Regarding the Discriminatory Effects Standard (July 2019)
- HUD’s Proposed Discriminatory Effects Standard Rule and Comments (2018)
- “Honoring the Promise” by Former HUD Secretary Shaun Donovan (January-March 2018 P&R Issue)
- Exec. Order 13777 Fair Housing Comment Letter Submitted by PRRAC and Coalition Partners (2017)
- Directs each federal agencies to form a “Regulatory Reform Task Force” and identify regulations to modify or rescind. In response to HUD’s Federal Register notice.
- ICP v. Texas Amicus Briefs (2014)
- HUD’s Proposed Discriminatory Effects Standard Rule and Comments (2013)
Disparate Impact News and Opinion
- Civil Rights Turned Topsy-Turvy: The Trump Administration is Moving on Two Fronts to Undo Civil Rights Protections. (New York Times Opinion) August 29, 2019
- The Effects of Housing Discrimination on Health Can Reverberate for Decades (The Hill Opinion) August 27, 2019
- Who’s to Blame When Algorithms Discriminate? (New York Times) August 20, 2019
- The Trump Administration’s Assault on Fair Housing (Take Care Blog) August 19, 2019
- How HUD Could Dismantle a Pillar of Civil Rights Law (CityLab) August 16, 2019
