Data / Federal rules / 2026-00590

HUD's Implementation of the Fair Housing Act's Disparate Impact Standard

The Housing and Urban Development Department published this proposed rule in the Federal Register on January 14, 2026. Comments closed on February 13, 2026.

SpecStream is the live web data engine for teams and agents. It reads every rule and proposed rule in the Federal Register each morning, and this page is that reading. Name your industry once and new rules, comment deadlines and effective dates arrive in your sheet, CRM, Slack or agent as they are published.

Get new rules for your industry

What the agency says

The Fair Housing Act prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related activities. Since 2013, HUD has issued three final rules for determining whether a given practice has an unjustified discriminatory effect under the Fair Housing Act, even where practices were not motivated by discriminatory intent. These rules formalized legal tests that were not explicit in statute and imposed a presumption of unlawful discrimination when any variance in outcomes exists among protected classes, even without a showing of a facially discriminatory policy or discriminatory intent. Through this rulemaking, HUD is proposing to remove its discriminatory effects regulations and leaving to courts questions related to interpretations of disparate impact liability under the Fair Housing Act.

Key facts

Document number: 2026-00590
Type: Proposed rule
Action: Proposed rule
Agency: Housing and Urban Development Department
Published: January 14, 2026
Comments due: February 13, 2026
Dates: Comment Due Date: February 13, 2026.
Docket: Docket No. FR-6540-P-01
Regulation ID (RIN): 2529-AB09
Code of Federal Regulations: 24 CFR 100
Topics: Aged; Civil rights; Fair housing; Individuals with disabilities; Mortgages; Reporting and recordkeeping requirements
Significant: Yes, under Executive Order 12866
Pages: 3

The document on federalregister.gov PDF

Other documents from the Housing and Urban Development Department

Document	Type	Published
Section 3 Benchmarks for Creating Economic Opportunities for Low- and Very Low-Income Persons and Eligible Businesses 2026-20374	Final rule	Oct 5
Section 108 Loan Guarantee Program: Announcement of Fee To Cover Credit Subsidy Costs for FY 2027 2026-19743	Final rule	Sep 28
Revising HUD's Noise Abatement and Control Regulations; Correcting Amendment 2026-16967	Final rule	Aug 20
HUD's Implementation of the Fair Housing Act's Disparate Impact Standard; Amendments to HUD's Title VI Regulations 2026-16228 · significant	Proposed rule	Aug 10
Rescission of Floodplain Management and Protection of Wetlands; Minimum Property Standards for Flood Hazard Exposure; Building to the Federal Flood Risk Management Standard 2026-13939 · significant	Proposed rule	Jul 10
Revising the Definition of “Manufactured Home” to Lower Housing Costs 2026-11851	Proposed rule	Jun 12
Revising HUD's Noise Abatement and Control Regulations 2026-11849	Final rule	Jun 12
Regulation for Federal Financial Assistance 2026-10817	Proposed rule	May 29

Everything from the Housing and Urban Development Department · Rules on aged · Rules on civil rights · Rules on fair housing · Published in January 2026

Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.