Much work remains to be done to fulfill the purpose of the Fair Housing Act, including effective use of HUD’s new
disparate impact rule. The new disparate impact rule rescinds the 2020 rule governing Fair Housing Act disparate impact claims, restores the 2013 discriminatory effects rule, and reinvigorates a tool that can be used to end discrimination, strengthen communities, and expand equal opportunities. This session will convene legal strategists, industry leaders, and agency personnel to discuss the history and context of disparate impact liability, and how the rule fits into the patchwork of jurisprudence both before and after the 2015 U.S. Supreme Court decision in Inclusive Communities. The discussion will focus on how this new rule may be applied to recent housing market developments to inform compliance considerations and potential legal challenges.