83 FR 28560 - Reconsideration of HUD's Implementation of the Fair Housing Act's Disparate Impact Standard

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 83, Issue 119 (June 20, 2018)

Page Range		28560-28562
FR Document		2018-13340

This advance notice of proposed rulemaking (ANPR) invites public comment on possible amendments to HUD's 2013 final rule implementing the Fair Housing Act's disparate impact standard, as well as the 2016 supplement to HUD's responses to certain insurance industry comments made during the rulemaking. HUD is reviewing the final rule and supplement to determine what changes, if any, are appropriate following the Supreme Court's 2015 ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., which held that disparate impact claims were cognizable under the Fair Housing Act and discussed standards for, and the constitutional limitations on, such claims. As HUD conducts its review, it is soliciting public comment on the disparate impact standard set forth in the final rule and supplement, the burden-shifting approach, the relevant definitions, the causation standard, and whether changes to these or other provisions of the rule would be appropriate. HUD is also issuing this ANPR in response to public comments submitted on its May 15, 2017, Federal Register document seeking input on ineffective regulations and an October 26, 2017, recommendation from the Department of the Treasury.

Federal Register, Volume 83 Issue 119 (Wednesday, June 20, 2018)

[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Proposed Rules]
[Pages 28560-28562]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13340]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 100

[Docket No. FR-6111-A-01]
RIN 2529-ZA01


Reconsideration of HUD's Implementation of the Fair Housing Act's 
Disparate Impact Standard

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: This advance notice of proposed rulemaking (ANPR) invites 
public comment on possible amendments to HUD's 2013 final rule 
implementing the Fair Housing Act's disparate impact standard, as well 
as the 2016 supplement to HUD's responses to certain insurance industry 
comments made during the rulemaking. HUD is reviewing the final rule 
and supplement to determine what changes, if any, are appropriate 
following the Supreme Court's 2015 ruling in Texas Department of 
Housing and Community Affairs v. Inclusive Communities Project, Inc., 
which held that disparate impact claims were cognizable under the Fair 
Housing Act and discussed standards for, and the constitutional 
limitations on, such claims. As HUD conducts its review, it is 
soliciting public comment on the disparate impact standard set forth in 
the final rule and supplement, the burden-shifting approach, the 
relevant definitions, the causation standard, and whether changes to 
these or other provisions of the rule would be appropriate. HUD is also 
issuing this ANPR in response to public comments submitted on its May 
15, 2017, Federal Register document seeking input on ineffective 
regulations and an October 26, 2017, recommendation from the Department 
of the Treasury.

DATES: Comment Due Date: August 20, 2018.

ADDRESSES: Interested persons are invited to submit comments to the 
Office of the General Counsel, Rules Docket Clerk, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 10276, 
Washington, DC 20410-0001. Communications should refer to the above 
docket number and title and should contain the information specified in 
the ``Request for Comments'' section. There are two methods for 
submitting public comments.
    1. Submission of Comments by Mail. Comments may be submitted by 
mail to the Regulations Division, Office of General Counsel, Department 
of Housing and Urban Development, 451 7th Street SW, Room 10276, 
Washington, DC 20410-0500. Due to security measures at all federal 
agencies, however, submission of comments by mail often results in 
delayed delivery. To ensure timely receipt of comments, HUD recommends 
that comments submitted by mail be submitted at least two weeks in 
advance of the public comment deadline.
    2. Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
http://www.regulations.gov. HUD strongly encourages commenters to 
submit comments electronically. Electronic submission of comments 
allows the commenter maximum time to prepare and submit a comment, 
ensures timely receipt by HUD, and enables HUD to make comments 
immediately available to the public. Comments submitted electronically 
through the http://www.regulations.gov website can be viewed by other 
commenters and interested members of the public. Commenters should 
follow instructions provided on that site to submit comments 
electronically.

    Note:  To receive consideration as public comments, comments 
must be submitted through one of the two methods specified

[[Page 28561]]

above. Again, all submissions must refer to the docket number and 
title of the document.

    No Facsimile Comments. Facsimile (fax) comments are not acceptable.
    Public Inspection of Comments. All comments and communications 
submitted to HUD will be available for public inspection and copying 
between 8 a.m. and 5 p.m. weekdays at the above address. Due to 
security measures at the HUD Headquarters building, an advance 
appointment to review the public comments must be scheduled by calling 
the Regulations Division at (202) 708-3055 (this is not a toll-free 
number). Copies of all comments submitted are available for inspection 
and downloading at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Krista Mills, Deputy Assistant 
Secretary, Office of Policy, Legislative Initiatives, and Outreach, 
Office Fair Housing and Equal Opportunity, Department of Housing and 
Urban Development, 451 7th Street SW, Room 5246, Washington, DC 20410; 
telephone number 202-402-6577. Individuals with hearing or speech 
impediments may access this number via TTY by calling the toll-free 
Federal Relay Service during working hours at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    Title VIII of the Civil Rights Act of 1968, as amended (Fair 
Housing Act or Act),\1\ prohibits discrimination in the sale, rental, 
or financing of dwellings and in other housing-related activities on 
the basis of race, color, religion, sex, disability, familial status, 
or national origin. On February 15, 2013, HUD published a final rule, 
entitled ``Implementation of the Fair Housing Act's Discriminatory 
Effects Standard.'' \2\ The final rule codified HUD's interpretation 
that the Fair Housing Act creates liability for practices with an 
unjustified discriminatory effect, even if those practices were not 
motivated by discriminatory intent.\3\ Relying in part on case law 
under the Fair Housing Act and Title VII of the Civil Rights Act of 
1964 (prohibiting employment discrimination), HUD's Disparate Impact 
Rule established a burden-shifting framework for analyzing claims of 
disparate impact under the Fair Housing Act.\4\ In 2016, HUD published 
a supplement to its responses to certain insurance industry comments 
made during the rulemaking.\5\ This ANPR uses the term ``Disparate 
Impact Rule'' to refer collectively to the 2013 final rule and 2016 
supplement.
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    \1\ 42 U.S.C. 3601-3619, 3631.
    \2\ 78 FR 11460.
    \3\ See 24 CFR 100.5(b), 100.70(d)(5), 100.120(b), 100.130(b), 
and 100.500.
    \4\ See 24 CFR 100.500(c).
    \5\ See ``Application of the Fair Housing Act's Discriminatory 
Effects Standard to Insurance,'' 81 FR 69012 (Oct. 5, 2016).
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    In 2015, in Texas Department of Housing and Community Affairs v. 
Inclusive Communities Project, Inc.,\6\ (Inclusive Communities), the 
Supreme Court held that disparate impact claims are cognizable under 
the Fair Housing Act. The Court's opinion referenced HUD's Disparate 
Impact Rule, but the Court did not extensively review the rule or rely 
on it for its holding. Rather, the Court undertook its own analysis of 
the Fair Housing Act and discussed the standards for, and 
constitutional limitations on, disparate impact claims. The Supreme 
Court's ruling in Inclusive Communities recognized the availability of 
disparate impact claims under the Fair Housing Act independent of HUD's 
Disparate Impact Rule. HUD is reviewing the Disparate Impact Rule to 
determine what changes, if any, may be necessary in light of the 
Inclusive Communities decision. As it conducts this review, HUD 
welcomes public comment on other amendments to the Disparate Impact 
Rule that may be necessary or helpful.
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    \6\ 135 S. Ct. 2507 (2015).
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    The request for comments contained in this ANPR is also consistent 
with HUD's efforts to carry out the Administration's regulatory reform 
efforts. On May 15, 2017, HUD published a Federal Register document 
pursuant to Executive Orders 13771, ``Reducing Regulation and 
Controlling Regulatory Costs,'' and 13777, ``Enforcing the Regulatory 
Reform Agenda,'' inviting public comments to assist HUD in identifying 
existing regulations that may be outdated, ineffective, or excessively 
burdensome.\7\ In response, HUD received numerous comments asserting 
that the Disparate Impact Rule created uncertainty for commercial 
decisionmaking, as well as public policymaking, and that the rule is 
inconsistent with Inclusive Communities. On the other hand, HUD also 
received comments in support of the Disparate Impact Rule, asserting 
that it was cited in Inclusive Communities and is consistent with that 
decision. Additionally, in October 2017, the Secretary of the Treasury 
issued a report that explicitly recommended that HUD reconsider 
applications of the Disparate Impact Rule, especially in the context of 
the insurance industry.\8\
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    \7\ 82 FR 22344.
    \8\ See U.S. Department of the Treasury Report: A Financial 
System That Creates Economic Opportunities, Asset Management and 
Insurance (Oct. 26, 2017), available at: https://www.treasury.gov/press-center/press-releases/Documents/A-Financial-System-That-Creates-Economic-Opportunities-Asset_Management-Insurance.pdf.
---------------------------------------------------------------------------

    In light of Inclusive Communities, public comments submitted in 
response to HUD's May 15, 2017, Federal Register document, and the 
recommendation from the Department of the Treasury, HUD is seeking 
public comment on whether the Disparate Impact Rule should be revised 
for any considerations of law or policy raised in those fora or that 
are otherwise appropriate.

II. This Advance Notice of Proposed Rulemaking

    HUD seeks public comment on appropriate changes, if any, to the 
Disparate Impact Rule. While the following list is not exhaustive, HUD 
is particularly interested in comments on the following questions:
    1. Does the Disparate Impact Rule's burden of proof standard for 
each of the three steps of its burden-shifting framework clearly assign 
burdens of production and burdens of persuasion, and are such burdens 
appropriately assigned?
    2. Are the second and third steps of the Disparate Impact Rule's 
burden-shifting framework sufficient to ensure that only challenged 
practices that are artificial, arbitrary, and unnecessary barriers 
result in disparate impact liability?
    3. Does the Disparate Impacts Rule's definition of ``discriminatory 
effect'' in 24 CFR 100.500(a) in conjunction with the burden of proof 
for stating a prima facie case in 24 CFR 100.500(c) strike the proper 
balance in encouraging legal action for legitimate disparate impact 
cases while avoiding unmeritorious claims?
    4. Should the Disparate Impact Rule be amended to clarify the 
causality standard for stating a prima facie case under Inclusive 
Communities and other Supreme Court rulings?
    5. Should the Disparate Impact Rule provide defenses or safe 
harbors to claims of disparate impact liability (such as, for example, 
when another federal statute substantially limits a defendant's 
discretion or another federal statute requires adherence to state 
statutes)?
    6. Are there revisions to the Disparate Impact Rule that could add 
to the clarity, reduce uncertainty, decrease regulatory burden, or 
otherwise assist the regulated entities and other members of the public 
in determining what is lawful?

[[Page 28562]]

II. Findings and Certifications

Environmental Impact

    This ANPR is exclusively concerned with nondiscrimination 
standards. Accordingly, under 24 CFR 50.19(c)(3), it is categorically 
excluded from environmental review under the National Environmental 
Policy Act (42 U.S.C. 4321-4347).

Regulatory Review--Executive Orders 12866 and 13563

    Executive Order 12866 (Regulatory Planning and Review), a 
determination must be made whether a regulatory action is significant 
and therefore, subject to review by the Office of Management and Budget 
(OMB) in accordance with the requirements of the order. Executive Order 
13563 (Improving Regulations and Regulatory Review) directs executive 
agencies to analyze regulations that are ``outmoded, ineffective, 
insufficient, or excessively burdensome, and to modify, streamline, 
expand, or repeal them in accordance with what has been learned. 
Executive Order 13563 also directs that, where relevant, feasible, and 
consistent with regulatory objectives, and to the extent permitted by 
law, agencies are to identify and consider regulatory approaches that 
reduce burdens and maintain flexibility and freedom of choice for the 
public. This ANPR was reviewed by OMB and determined to likely result 
in a ``significant regulatory action,'' as defined in section 3(f) of 
Executive Order 12866.

    Dated: June 18, 2018.
Anna Maria Far[iacute]as,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 2018-13340 Filed 6-18-18; 4:15 pm]
 BILLING CODE 4210-67-P

28560 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules

159979 (installation of non-data-loadable (2) For more information about this AD, public comment on the disparate impact
ELAC L99 P/N 3945128217). contact Sanjay Ralhan, Aerospace Engineer, standard set forth in the final rule and
(ii) Airbus mod 160577 (installation of International Section, Transport Standards supplement, the burden-shifting
data-loadable ELAC P/N 3945129100 unit Branch, FAA, 2200 South 216th St., Des
approach, the relevant definitions, the
with L101 software P/N 3945129112) or mod Moines, WA 98198; telephone 206–231–
3223; fax 206–231–3398. causation standard, and whether
162042 (installation of non-data-loadable
ELAC L101 P/N 3945128218). (3) For service information identified in changes to these or other provisions of
(2) An airplane on which any modification this AD, contact Airbus, Airworthiness the rule would be appropriate. HUD is
specified in paragraphs (k)(2)(i), (k)(2)(ii), or Office—EIAS, 1 Rond Point Maurice also issuing this ANPR in response to
(k)(2)(iii) of this AD was done is not affected Bellonte, 31707 Blagnac Cedex, France; public comments submitted on its May
by the requirements of paragraph (h) of this telephone +33 5 61 93 36 96; fax +33 5 61 15, 2017, Federal Register document
AD, provided it is determined that no 93 44 51; email account.airworth-eas@ seeking input on ineffective regulations
affected ELAC is installed as of the effective airbus.com; internet http://www.airbus.com. and an October 26, 2017,
date of this AD. You may view this service information at the
recommendation from the Department
(i) A modification specified in Airbus FAA, Transport Standards Branch, 2200
South 216th St., Des Moines, WA. For of the Treasury.
Service Bulletin A320–27–1267, Revision 00,
dated September 27, 2017 (ELAC L101 P/N information on the availability of this DATES: Comment Due Date: August 20,
3945128218 non-data-loadable). material at the FAA, call 206–231–3195. You 2018.
(ii) A modification specified in Airbus may view this service information at the
Service Bulletin A320–27–1268, Revision 00, FAA, Transport Standards Branch, 2200 ADDRESSES: Interested persons are
dated September 27, 2017 (ELAC P/N South 216th St., Des Moines, WA. For invited to submit comments to the
3945129100 data-loadable with L101 information on the availability of this Office of the General Counsel, Rules
software P/N 3945129112 for A320 NEO). material at the FAA, call 206–231–3195. Docket Clerk, Department of Housing
(iii) A modification specified in Airbus Issued in Des Moines, Washington, on June and Urban Development, 451 Seventh
Service Bulletin A320–27–1269, Revision 00, 7, 2018. Street SW, Room 10276, Washington,
dated September 27, 2017 (ELAC P/N DC 20410–0001. Communications
3945129100 data-loadable with L101 Michael Kaszycki,
Acting Director, System Oversight Division, should refer to the above docket number
software P/N 3945129112).
Aircraft Certification Service. and title and should contain the
(l) Terminating Action for AD 2016–17–03
[FR Doc. 2018–12885 Filed 6–19–18; 8:45 am] information specified in the ‘‘Request
Accomplishing the actions required by BILLING CODE 4910–13–P
for Comments’’ section. There are two
paragraph (h) of this AD or complying with methods for submitting public
any method of compliance specified in comments.
paragraph (k) of this AD terminates all 1. Submission of Comments by Mail.
requirements of AD 2016–17–03. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT Comments may be submitted by mail to
(m) Other FAA AD Provisions the Regulations Division, Office of
The following provisions also apply to this 24 CFR Part 100 General Counsel, Department of
AD: Housing and Urban Development, 451
(1) Alternative Methods of Compliance [Docket No. FR–6111–A–01] 7th Street SW, Room 10276,
(AMOCs): The Manager, International RIN 2529–ZA01 Washington, DC 20410–0500. Due to
Section, Transport Standards Branch, FAA, security measures at all federal agencies,
has the authority to approve AMOCs for this Reconsideration of HUD’s however, submission of comments by
AD, if requested using the procedures found Implementation of the Fair Housing mail often results in delayed delivery.
in 14 CFR 39.19. In accordance with 14 CFR Act’s Disparate Impact Standard
39.19, send your request to your principal To ensure timely receipt of comments,
inspector or local Flight Standards District AGENCY: Office of the Assistant HUD recommends that comments
Office, as appropriate. If sending information Secretary for Fair Housing and Equal submitted by mail be submitted at least
directly to the International Section, send it Opportunity, HUD. two weeks in advance of the public
to the attention of the person identified in comment deadline.
paragraph (n)(2) of this AD. Information may ACTION: Advance notice of proposed
rulemaking. 2. Electronic Submission of
be emailed to: 9-ANM-116-AMOC-
Comments. Interested persons may
REQUESTS@faa.gov. Before using any
approved AMOC, notify your appropriate SUMMARY: This advance notice of submit comments electronically through
principal inspector, or lacking a principal proposed rulemaking (ANPR) invites the Federal eRulemaking Portal at
inspector, the manager of the local flight public comment on possible http://www.regulations.gov. HUD
standards district office/certificate holding amendments to HUD’s 2013 final rule strongly encourages commenters to
district office. implementing the Fair Housing Act’s submit comments electronically.
(2) Contacting the Manufacturer: For any disparate impact standard, as well as the Electronic submission of comments
requirement in this AD to obtain corrective 2016 supplement to HUD’s responses to allows the commenter maximum time to
actions from a manufacturer, the action must prepare and submit a comment, ensures
certain insurance industry comments
be accomplished using a method approved
made during the rulemaking. HUD is timely receipt by HUD, and enables
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA; reviewing the final rule and supplement HUD to make comments immediately
or Airbus’s EASA DOA. If approved by the to determine what changes, if any, are available to the public. Comments
DOA, the approval must include the DOA- appropriate following the Supreme submitted electronically through the
authorized signature. Court’s 2015 ruling in Texas http://www.regulations.gov website can
sradovich on DSK3GMQ082PROD with PROPOSALS

Department of Housing and Community be viewed by other commenters and
(n) Related Information
Affairs v. Inclusive Communities interested members of the public.
(1) Refer to Mandatory Continuing Commenters should follow instructions
Project, Inc., which held that disparate
Airworthiness Information (MCAI) EASA AD provided on that site to submit
2018–0007R1, dated January 19, 2018, for impact claims were cognizable under
related information. This MCAI may be the Fair Housing Act and discussed comments electronically.
found in the AD docket on the internet at standards for, and the constitutional Note: To receive consideration as public
http://www.regulations.gov by searching for limitations on, such claims. As HUD comments, comments must be submitted
and locating Docket No. FAA–2018–0556. conducts its review, it is soliciting through one of the two methods specified

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Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules 28561

above. Again, all submissions must refer to during the rulemaking.5 This ANPR In light of Inclusive Communities,
the docket number and title of the document. uses the term ‘‘Disparate Impact Rule’’ public comments submitted in response
No Facsimile Comments. Facsimile to refer collectively to the 2013 final to HUD’s May 15, 2017, Federal
(fax) comments are not acceptable. rule and 2016 supplement. Register document, and the
Public Inspection of Comments. All In 2015, in Texas Department of recommendation from the Department
comments and communications Housing and Community Affairs v. of the Treasury, HUD is seeking public
submitted to HUD will be available for Inclusive Communities Project, Inc.,6 comment on whether the Disparate
public inspection and copying between (Inclusive Communities), the Supreme Impact Rule should be revised for any
8 a.m. and 5 p.m. weekdays at the above Court held that disparate impact claims considerations of law or policy raised in
address. Due to security measures at the are cognizable under the Fair Housing those fora or that are otherwise
HUD Headquarters building, an advance Act. The Court’s opinion referenced appropriate.
appointment to review the public HUD’s Disparate Impact Rule, but the
Court did not extensively review the II. This Advance Notice of Proposed
comments must be scheduled by calling
rule or rely on it for its holding. Rather, Rulemaking
the Regulations Division at (202) 708–
3055 (this is not a toll-free number). the Court undertook its own analysis of HUD seeks public comment on
Copies of all comments submitted are the Fair Housing Act and discussed the appropriate changes, if any, to the
available for inspection and standards for, and constitutional Disparate Impact Rule. While the
downloading at http:// limitations on, disparate impact claims. following list is not exhaustive, HUD is
www.regulations.gov. The Supreme Court’s ruling in Inclusive particularly interested in comments on
Communities recognized the availability the following questions:
FOR FURTHER INFORMATION CONTACT:
of disparate impact claims under the 1. Does the Disparate Impact Rule’s
Krista Mills, Deputy Assistant Secretary,
Fair Housing Act independent of HUD’s burden of proof standard for each of the
Office of Policy, Legislative Initiatives,
Disparate Impact Rule. HUD is three steps of its burden-shifting
and Outreach, Office Fair Housing and
reviewing the Disparate Impact Rule to framework clearly assign burdens of
Equal Opportunity, Department of
determine what changes, if any, may be production and burdens of persuasion,
Housing and Urban Development, 451
necessary in light of the Inclusive and are such burdens appropriately
7th Street SW, Room 5246, Washington,
Communities decision. As it conducts assigned?
DC 20410; telephone number 202–402– 2. Are the second and third steps of
6577. Individuals with hearing or this review, HUD welcomes public
comment on other amendments to the the Disparate Impact Rule’s burden-
speech impediments may access this
Disparate Impact Rule that may be shifting framework sufficient to ensure
number via TTY by calling the toll-free
necessary or helpful. that only challenged practices that are
Federal Relay Service during working
The request for comments contained artificial, arbitrary, and unnecessary
hours at 1–800–877–8339.
in this ANPR is also consistent with barriers result in disparate impact
SUPPLEMENTARY INFORMATION: HUD’s efforts to carry out the liability?
I. Background Administration’s regulatory reform 3. Does the Disparate Impacts Rule’s
efforts. On May 15, 2017, HUD definition of ‘‘discriminatory effect’’ in
Title VIII of the Civil Rights Act of
published a Federal Register document 24 CFR 100.500(a) in conjunction with
1968, as amended (Fair Housing Act or
pursuant to Executive Orders 13771, the burden of proof for stating a prima
Act),1 prohibits discrimination in the
‘‘Reducing Regulation and Controlling facie case in 24 CFR 100.500(c) strike
sale, rental, or financing of dwellings
Regulatory Costs,’’ and 13777, the proper balance in encouraging legal
and in other housing-related activities
‘‘Enforcing the Regulatory Reform action for legitimate disparate impact
on the basis of race, color, religion, sex,
Agenda,’’ inviting public comments to cases while avoiding unmeritorious
disability, familial status, or national
assist HUD in identifying existing claims?
origin. On February 15, 2013, HUD
regulations that may be outdated, 4. Should the Disparate Impact Rule
published a final rule, entitled
ineffective, or excessively burdensome.7 be amended to clarify the causality
‘‘Implementation of the Fair Housing
In response, HUD received numerous standard for stating a prima facie case
Act’s Discriminatory Effects
comments asserting that the Disparate under Inclusive Communities and other
Standard.’’ 2 The final rule codified
Impact Rule created uncertainty for Supreme Court rulings?
HUD’s interpretation that the Fair
commercial decisionmaking, as well as 5. Should the Disparate Impact Rule
Housing Act creates liability for
public policymaking, and that the rule provide defenses or safe harbors to
practices with an unjustified
is inconsistent with Inclusive claims of disparate impact liability
discriminatory effect, even if those
Communities. On the other hand, HUD (such as, for example, when another
practices were not motivated by
also received comments in support of federal statute substantially limits a
discriminatory intent.3 Relying in part
the Disparate Impact Rule, asserting that defendant’s discretion or another federal
on case law under the Fair Housing Act
it was cited in Inclusive Communities statute requires adherence to state
and Title VII of the Civil Rights Act of
and is consistent with that decision. statutes)?
1964 (prohibiting employment
Additionally, in October 2017, the 6. Are there revisions to the Disparate
discrimination), HUD’s Disparate
Secretary of the Treasury issued a report Impact Rule that could add to the
Impact Rule established a burden-
that explicitly recommended that HUD clarity, reduce uncertainty, decrease
shifting framework for analyzing claims
reconsider applications of the Disparate regulatory burden, or otherwise assist
of disparate impact under the Fair
Impact Rule, especially in the context of the regulated entities and other
sradovich on DSK3GMQ082PROD with PROPOSALS

Housing Act.4 In 2016, HUD published
the insurance industry.8 members of the public in determining
a supplement to its responses to certain
what is lawful?
insurance industry comments made 5 See ‘‘Application of the Fair Housing Act’s

Discriminatory Effects Standard to Insurance,’’ 81 Opportunities, Asset Management and Insurance
1 42 U.S.C. 3601–3619, 3631. FR 69012 (Oct. 5, 2016). (Oct. 26, 2017), available at: https://
2 78 FR 11460. 6 135 S. Ct. 2507 (2015).
www.treasury.gov/press-center/press-releases/
3 See 24 CFR 100.5(b), 100.70(d)(5), 100.120(b), 7 82 FR 22344.
Documents/A-Financial-System-That-Creates-
100.130(b), and 100.500. 8 See U.S. Department of the Treasury Report: A Economic-Opportunities-Asset_Management-
4 See 24 CFR 100.500(c). Financial System That Creates Economic Insurance.pdf.

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Document Created: 2018-06-20 00:19:19
Document Modified: 2018-06-20 00:19:19

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Advance notice of proposed rulemaking.
Dates		Comment Due Date: August 20, 2018.
Contact		Krista Mills, Deputy Assistant Secretary, Office of Policy, Legislative Initiatives, and Outreach, Office Fair Housing and Equal Opportunity, Department of Housing and Urban Development, 451 7th Street SW, Room 5246, Washington, DC 20410; telephone number 202-402-6577. Individuals with hearing or speech impediments may access this number via TTY by calling the toll-free Federal Relay Service during working hours at 1-800-877-8339.
FR Citation		83 FR 28560
RIN Number		2529-ZA01