Comments to HUD Re: FR-6111-P-02, HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard

9 Pages Posted: 18 Dec 2020

See all articles by Lauren E. Willis

Lauren E. Willis

Loyola Law School Los Angeles

Olatunde C. Johnson

Columbia University Law School

Mark Niles

American University - Washington College of Law

Rigel Christine Oliveri

University of Missouri School of Law

Date Written: October 18, 2019

Abstract

In key places, HUD’s 2019 proposed "Implementation of the Fair Housing Act’s Disparate Impact Standard" is at odds with express provisions of the Fair Housing Act (FHA) and goes so far as to invent new defenses to liability for housing discrimination and to place the burden of pleading and proving the nonexistence of some of these defenses on plaintiffs. In addition, the proposed rule addresses itself to matters beyond the FHA; specifically, to evidentiary and procedural issues as they may arise in cases brought under the FHA in federal or state courts. HUD provides no reasoned justification for these changes in its regulations, and by creating additional obstacles to achieving Congress’s purposes in enacting the FHA, HUD risks violating its statutory duty to further fair housing. These Comments, submitted by Professors Olatunde Johnson (Columbia Law School), Mark C. Niles (Hofstra University, Deane School of Law), Rigel C. Oliveri (University of Missouri School of Law), and Lauren E. Willis (Loyola Law School Los Angeles), explain why key parts of the proposed rule must not be adopted.

Suggested Citation

Willis, Lauren E. and Johnson, Olatunde C. and Niles, Mark and Oliveri, Rigel Christine, Comments to HUD Re: FR-6111-P-02, HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard (October 18, 2019). Loyola Law School, Los Angeles Legal Studies Research Paper No. 2020-34, University of Missouri School of Law Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3749737

Lauren E. Willis (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States
213-736-1086 (Phone)
213-380-3769 (Fax)

Olatunde C. Johnson

Columbia University Law School ( email )

435 West 116th Street
New York, NY 10025
United States

Mark Niles

American University - Washington College of Law ( email )

4300 Nebraska Avenue, NW
Washington, DC 20016
United States

Rigel Christine Oliveri

University of Missouri School of Law ( email )

Missouri Avenue & Conley Avenue
Columbia, MO MO 65211
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
13
Abstract Views
122
PlumX Metrics