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Democratic AGs Support HUD Rule Barring Discriminatory Impacts in Housing

  • A group of 18 Democratic AGs filed an amicus brief with the U.S. Court of Appeals for the D.C. Circuit in support of the Department of Housing and Urban Development’s (HUD) Discriminatory Effects Rule against a challenge by the National Association of Mutual Insurance Companies.
  • In their brief, the AGs argue that the Rule’s imposition of disparate-impact liability—which holds insurers and other parties liable for housing practices that may appear neutral but in reality are discriminatory and have “disparate impact” on certain populations—is a crucial tool to fight ongoing housing discrimination. The AGs also refute the insurers’ claims that they are categorically shielded from federal disparate impact liability by state law.
  • The AGs ask the court to affirm the district court’s grant of summary judgment in favor of HUD.