24 CFR 100.500 - Discriminatory effect prohibited
| Cite as | 24 CFR 100.500 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
128 practice notes
-
Implementation of the Fair Housing Act's Discriminatory Effects Standard
...neutral practice violates the Fair Housing Act and by incorporating that standard in HUD's existing Fair Housing Act regulations at 24 CFR 100.500. By formalizing the three-part shifting test for proving such liability under the Fair Housing Act, the rule provides for consistent and predict......
-
Prop. Cas. Insurers Ass'n of Am. v. Donovan, No. 13 C 8564
...interests” of the defendant and whether those interests could be served by another practice with a less discriminatory effect. See 24 C.F.R. § 100.500. PCI argues that, in the insurance context, this analysis will necessarily require courts to determine whether the challenged practices are ......
-
Mhany Mgmt. Inc. v. Inc. Vill. of Garden City, 05-CV-2301 (ADS)(WDW)
...a final rule establishing that disparate impact claims are cognizable under the FHA. 78 Fed. Reg. 11460 (Feb. 15, 2013) (codified at 24 C.F.R. § 100.500 (2013)). In establishing a prima facie case for such a claim, a "plaintiff must show: (1) the occurrence of certain outwardly neutral prac......
-
MHANY Mgmt., Inc. v. Cnty. of Nassau, Docket Nos. 14–1634–cv(L)
...the FHA. See Implementation of the Fair Housing Act's Discriminatory Effects Standard, 78 Fed.Reg. 11,460 (Feb. 15, 2013) (codified at 24 C.F.R. Part 100). In addition to affirming disparate impact liability as an element of the FHA, it outlined the "[b]urdens of proof in discriminatory eff......
Request a trial to view additional results
92 cases
-
Mhany Mgmt. Inc. v. Inc. Vill. of Garden City, 05-CV-2301 (ADS)(WDW)
...a final rule establishing that disparate impact claims are cognizable under the FHA. 78 Fed. Reg. 11460 (Feb. 15, 2013) (codified at 24 C.F.R. § 100.500 (2013)). In establishing a prima facie case for such a claim, a "plaintiff must show: (1) the occurrence of certain outwardly neutral prac......
-
Borum v. Brentwood Vill., LLC, Civil Action No.: 16-1723 (RC)
..., 650 Fed.Appx. 42, 44 (D.C. Cir. 2016). HUD has adopted a burden-shifting framework for evaluating disparate impact claims. See 24 C.F.R. § 100.500(c). First, the plaintiff has "the burden of proving that a challenged practice caused or predictably will cause a discriminatory effect." 24 C......
-
Crossing Over, Inc. v. City of Fitchburg, No. 19-P-903
...Act's disparate impact standard, 85 Fed. Reg. 60288 [Sept. 24, 2020] which amended 2013 rule, 78 Fed. Reg. 11560 [Feb. 15, 2013] ); 24 C.F.R. § 100.500.16 See, e.g., Summers, 940 F.3d at 139-142 (rejecting reasonable accommodation claim on grounds that request that city exempt sober homes f......
-
Burbank Apartments Tenant Ass'n v. Kargman, SJC–11872.
...the “challenged practice caused or predictably will cause a discriminatory effect.” Inclusive Communities, supra at 2514, quoting 24 C.F.R. § 100.500(c)(1) (2014).The Supreme Court emphasized the need to balance the interests of both property owners and protected classes by requiring a rigo......
Request a trial to view additional results
29 firm's commentaries
-
Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 2 of 3)
...in Inclusive Communities. Under the rule, the FHA prohibits certain conduct that “predictably will cause a discriminatory effect.” 24 CFR § 100.500(c)(1). Thus, as discussed in part 1, the rule effectively imposes a duty on defendants, not just to refrain from intentional acts of discrimina......
-
HUD Final Rule on Disparate Impact under the Fair Housing Act
...is supported by a legally sufficient justification may not be used as a defense against a claim of intentional discrimination. 24 C.F.R. § 100.500(d). This provision is somewhat confusing because “intentional” discrimination – or disparate treatment – by definition involves discrimination b......
-
Expectations For CFPB's Fair Lending Agenda Under Biden
...of Consumer Financial Protection on Enactment of S.J. Res. 57 (May 21, 2018). [9] Inclusive Communities, 135 S. Ct. at 2514 (quoting 24 C.F.R. §100.500(c)(1) (2014)). [10] 759 F. App'x 828, 833–34 (11th Cir. 2018). See also Inclusive Communities Proj., Inc. v. Lincoln Prop. Co. , No. 17–109......
-
Not-So-Sudden Impact: Insurers Face A New Breed Of Claim Under the Fair Housing Act (Part 1 of 3)
...plaintiffs have the initial burden of showing that the defendant’s action “caused or predictably will cause a discriminatory effect.” 24 CFR § 100.500(c). In other words, a plaintiff can state a claim for “discrimination” under the FHA by showing the future effect of a defendant’s conduct o......
Request a trial to view additional results
2 books & journal articles
-
Disparate impact lacks an impact: the need for Pay for Success programs to house formerly incarcerated people.
...cause confusion and disagreement."). The HUD 2016 Guidance makes no mention of this subtle difference: It restates the language in 24 C.F.R. 100.500 and also cites to Texas v. Inclusive Communities for support. See HUD GUIDANCE 2016, supra note 2. (153.) See Bagenstos, supra note 152, at 11......
-
Reconceptualizing Public Housing: Not as a Policed Site of Control, But as a System of Support
...(Apr. 4, 2016), https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF [hereinafter HUD Guidance]. 128. Id. at 2; 24 C.F.R. § 100.500 (2013). 129. 24 CFR § 100 (2020); Tex. Dep’t. of Hous. & Cmty. Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015). 130. HUD’s Impl......