On October18, NAR submitted comments on HUD's proposed rule on its implementation of the Fair Housing Act’s Disparate Impact Standard. NAR supports disparate impact as a legal theory to address the unfair housing practices that inhibit fair housing and unfairly target members of protected classes, while still protecting the ability of REALTORS® and other stakeholders to run their businesses in a free and functional real estate market. NAR is concerned that some aspects of the rule could limit the ability of parties to bring up reasonable claims of disparate impact. HUD should also reconsider the standards for reasonable defenses to entities’ legitimate business needs. The ultimate goal should be to ensure a healthy and functional housing market that is also free from unfair discriminatory practices.
NAR Comment Letter to HUD Regarding Fair Housing Act Disparate Impact Standard implementation
Issue Date: October 18, 2019
On October18, NAR submitted comments on HUD's proposed rule on its implementation of the Fair Housing Act’s Disparate Impact Standard. NAR supports disparate impact as a legal theory to address the unfair housing practices that inhibit fair housing and unfairly target members of protected classes, while still protecting the ability of REALTORS® and other stakeholders to run their businesses in a free and functional real estate market. NAR is concerned that some aspects of the rule could limit the ability of parties to bring up reasonable claims of disparate impact. HUD should also reconsider the standards for reasonable defenses to entities’ legitimate business needs. The ultimate goal should be to ensure a healthy and functional housing market that is also free from unfair discriminatory practices.
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