In a landscape that continually evolves, the U.S. Department of Housing and Urban Development (HUD) has once again brought to light an important regulation by reinstating the Discriminatory Effects Rule. This development holds far-reaching implications for those who navigate the property management sector. It not only applies to public housing providers but ALL housing providers. LEGAL ALERT! RULES FOR USING CRIMINAL HISTORY TO SCREEN TENANTS This article seeks to illuminate the intricacies of this recent move by HUD, charting its trajectory and the subsequent effects it may cast upon property management professionals.
UNDERSTANDING THE DISCRIMINATORY EFFECTS RULE
Central to the ongoing battle against housing discrimination, the Discriminatory Effects Rule emerges as a paramount framework. Its primary objective is to clarify the concept of disparate impact in the context of the Fair Housing Act. Under the purview of this rule, a policy, even when neutral on its face, can be flagged if it disproportionately hampers or affects any protected group. In layman's terms, the Discriminatory Effects
Rule is a key tool in the fight against housing discrimination. It helps explain the idea of "disparate impact" related to the Fair Housing Act. Basically, this rule says that even if a housing policy seems fair at first glance, it can still be considered discriminatory if it ends up hurting a specific group more than others. According to HUD’s press release, “[The Discriminatory Effects Rule] has long been used to challenge policies that unnecessarily exclude
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