Proposed Trump Rule Weakens Housing Discrimination Law

Maria Perez SAVE THIS

Donald Trump speaks during a press conference on July 16, 2016 in New York (Shutterstock).

The Trump administration could make it more difficult to bring discrimination claims under the Fair Housing Act.

The Department of Housing and Urban Development (HUD) is proposing an update to HUD’s 2013 “disparate impact rule,” meaning plaintiffs would have a harder time bringing lawsuits alleging housing discrimination, according to the proposal.

In the proposal, plaintiffs would have a five-step qualifying process that begins with the plaintiffs having to prove that the policy is “arbitrary, artificial and unnecessary.” The second step added for the plaintiffs is the need to show a “robust causal link” that connects discriminatory behavior to the outcome of the housing policy.

“Claims relying on statistical disparities must articulate how the statistical analysis used supports a claim of disparate impact by providing an appropriate comparison which shows that the policy is the actual…

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