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      • Evolution Energy Partners
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Disparate Impact

NAA is voicing strong support for the U.S. Department of Housing and Urban Development’s (HUD) proposed rule on disparate impact, which was published in the Federal Register on August 19. The rule proposes to amend the agency’s interpretation of the Fair Housing Act’s (FHA) disparate impact standard to better reflect the U.S. Supreme Court’s (SCOTUS) 2015 ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (also known as “Inclusive Communities”).

​A rental housing provider can be sued under disparate impact theory if the owner or operator implements a policy that is neutral on its face but nonetheless has an unintended, discriminatory effect on members of a protected class under the FHA. 
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