On May 21, 2021, HUD’s proposed rule on disparate impact cleared review by the Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB). The proposal, which has been at OIRA since April 12, 2021, would reinstate the 2013 Disparate Impact Rule.
The rule will now be sent to the House Financial Services Committee and Senate Banking, Housing, and Urban Affairs Committee for a 15-day review period. After this review, a Notice of Proposed Rule Making (NPRM) will be published to the Federal Register, which will include a 60-day public comment period. HUD must review all public comments submitted and respond to significant, relevant comments when the final rule is published.
Additional resources: President Biden Issues Executive Order Directing HUD to Review Fair Housing Act Disparate Impact Rule
Eric J. Ellman is Senior Vice President for Public Policy and Legal Affairs at the Consumer Data Industry Association (CDIA) in Washington, DC. He also served for eight months as Interim President and CEO of the Association. More