• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
The Habitat Group

The Habitat Group

|
Subscribe Log In
  • NY APARTMENT LAW
    • New York Apartment Law Insider
    • New York Landlord v. Tenant
    • New York Rent Regulation Checklist, 4th Edition
    • 2026 New York City Apartment Management Checklist
  • FAIR & AFFORDABLE HOUSING
    • Fair Housing Coach
    • Assisted Housing Management Insider
    • FAIR HOUSING BOOT CAMP Basic Training for New Hires
  • COMMERCIAL LEASE LAW
    • Commercial Lease Law Insider
    • Best Commercial Lease Clauses, 17th Edition
    • Best Commercial Lease Clauses: Tenant’s Edition
  • RESOURCES / GUIDEBOOKS
Assisted Housing Management Insider
  • Archives
  • Main Articles
    • Feature
    • Certification
    • Compliance
    • Crime & Security
    • Dealing with Households
    • Income Calculations
    • Maintenance
    • Screening Applicants
  • Departments
    • Dos & Don’ts
    • Q & A
    • Recent Court Rulings
    • HUD Audits
    • In the News
  • eAlerts
  • Blogs
  • FREE ISSUE

This is your free article for the month.

To view more articles, Log In or Subscribe.

U.S. District Court Halts HUD’s Revisions to Disparate Impact Rule

November 12, 2020

A federal judge recently issued a preliminary injunction to stop HUD from implementing a rule that would have made it harder to bring discrimination claims under the Fair Housing Act. The rule would have required plaintiffs to meet a higher threshold to prove unintentional discrimination, known as disparate impact. The new rule, which is an update to the agency’s 2013 disparate impact rule, would also have given defendants more leeway to rebut the claims.

In the opinion, Judge Mark Mastroianni of the U.S. District Court for the District of Massachusetts wrote, “These significant alterations, which run the risk of effectively neutering disparate impact liability under the Fair Housing Act, appear inadequately justified.” In granting the preliminary nationwide injunction, the judge wrote that the Massachusetts Fair Housing Center and Housing Works, the plaintiffs, “have shown a substantial likelihood of success on the merits” of their claim that the new rule is “arbitrary and capricious” and violates the Administrative Procedure Act.

The court also agreed with the plaintiffs that the rule revisions pose a real and substantial threat of imminent harm to the Massachusetts Fair Housing Center’s mission by raising the burdens, costs, and effectiveness of disparate impact liability. The court also found that these harms are not recoverable if the 2020 rule is allowed to go into effect but was later vacated. The injunction means HUD will be unable to implement the new rule until the legal challenge is resolved.

In the News

Related Articles

  • HUD Offers One-Time “Good-Cause” OCAF Exception for RAD Owners
  • Insider’s 2025 Survey Results: How Readers Are Tackling Today’s Management Challenges
  • Housing Report Finds Renter Cost Burdens at Record High

Email A Friend

https://www.thehabitatgroup.com/u-s-district-court-halts-huds-revisions-to-disparate-impact-rule/

Primary Sidebar

Popular Stories

  • February 2026 Coach’s Quiz
    Jan 20, 2026 | Heather Stone
    Fair Housing Coach
  • HUD Ends Affirmatively Furthering Fair Housing Rule—Again
    Mar 5, 2025 | Eric Yoo
  • HUD Delays Implementation of the HOME Final Rule Until April
    Mar 5, 2025 | Eric Yoo
  • How to Count Income of Student Household Members Under New Rules
    Mar 5, 2025 | Eric Yoo
    Download: MODEL_STUDENT-FINANCIAL-AID-AFFIDAVIT_0325.pdf
  • 2025 New York City Apartment Management Checklist
    Feb 11, 2025
  • Sign Up for a FREE Issue ofAssisted Housing Management Insider
    Jan 4, 2025
    Assisted Housing Management Insider
  • Sign Up for a FREE Issue ofFair Housing Coach
    Jan 4, 2025
    Fair Housing Coach
  • Sign Up for a FREE Issue of New York Apartment Law Insider
    Jan 4, 2025
    New York Apartment Law Insider
  • Sign Up for a FREE Issue of Commercial Lease Law Insider
    Jan 4, 2025
    Commercial Lease Law Insider
  • Complete Annual Bedbug Reporting Requirement by Dec. 31
    Nov 22, 2024

Footer

Publications

Assisted Housing Management Insider
Commercial Lease Law Insider
Fair Housing Coach
New York Apartment Law Insider
New York Landlord v. Tenant

Additional Links

Contact Us
Advertise
Group Subscriptions
Privacy Policy
Terms of Use

Boards of Advisors

Assisted Housing Management Insider
Commercial Lease Law Insider
Fair Housing Coach
New York Apartment Law Insider

Copyright © 2026 · The Habitat Group / Plain Language Media · 1-888-729-2315 · customerservice@thehabitatgroup.com · Log in