Joint Comments to HUD on ANPR re: Disparate Impact Rule

Regulations Division
Office of General Counsel
U.S. Department of Housing & Urban Development
451 7th St. SW, Room 10276
Washington, DC 20410

Ladies and Gentlemen:

This comment is submitted by the American Bankers Association (ABA) and the undersigned state bankers associations (SBAs) in response to the June 20, 2018 advance notice of proposed rulemaking (ANPR) of the U.S. Department of Housing and Urban Development (the Department or HUD). In the ANPR, HUD “invites public comment on possible amendments to HUD’s 2013 final rule implementing the Fair Housing Act’s disparate impact standard” to assist HUD in “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.”

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