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Introducing HUD’s Implementation of the Fair Housing Act’s Discriminatory Effects Standard

By Megan Haberle

The U.S. Department of Housing and Urban Development (HUD) issued a regulation in February 2013 to implement the Fair Housing Act’s discriminatory effects standard. The regulation formalized the clear burden-shifting standard used for decades by HUD and most federal courts. It established a uniform definition of “discriminatory effect” and clarified how defendants can show a “legally sufficient justification” for a challenged practice.

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