Disparate Impact Liability

The apartment industry is committed to equal housing opportunity for all without regard to race, religion, color, sex, national origin, handicap or familial status. However, more clarity is needed on the applicability of disparate impact liability, as it could be used to undermine apartment providers' otherwise valid policies to ensure safe and decent housing for residents. Read our Issue Fact Sheet.

Latest Update: Dec 5, 2023

On October 31, the U.S. Department of Housing and Urban Development (HUD) proposed a rule to allow those with criminal backgrounds to serve as fair housing testers.

White Paper: Recent HUD Actions Regarding Disparate Impact

This White Paper analyzes several important recent developments in Department of Housing and Urban Development (HUD) rulemaking and issuance of guidance based on disparate impact liability under the Fair Housing Act (FHA).

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Issue Fact Sheet

More information on disparate impact regulations, in addition to the NMHC/NAA viewpoint.

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Paula Cino pcino@nmhc.org

Sarah Rahman srahman@nmhc.org

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