Disparate impact occurs when policies, practices, rules or other systems that appear to be neutral create an adverse effect on a protected group.  This can occur when a policy that is unintentionally discriminatory becomes discriminatory when implemented. Below are resources to help navigate disparate impact claims that may be lurking when housing providers are conducting business operations.

NAA and NMHC comments in response to ANPR

Comments in response to HUD's advanced notice of proposed rulemaking ("ANPR") titled "Reconsideration of HUD's Implementation of the Fair Housing Act's Disparate Impact Standard" (June 2018).

Guidance: Recent HUD Actions Regarding Disparate Impact

White paper providing detailed analysis of HUD’s recent guidance and final rules on disparate impact liability under the Fair Housing Act (FHA).

Fair Housing Resources and Protected Classes

Additional fair housing resources and information, including the fair housing law and protected classes for all 50 states and their major metro areas.