ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Compliance and Risk

HUD Issues Request for Public Comment on Disparate Impact Regulation

June 19, 2018
Reading Time: 1 min read

In a move long sought by the American Bankers Association, the Department of Housing and Urban Development is formally seeking public comment on whether its rule implementing the Fair Housing Act’s discriminatory effects standard is consistent with the Supreme Court decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project. In an advance notice of proposed rulemaking unveiled today, HUD sought comments on several aspects of its disparate impact rule.

Specifically, HUD requested feedback on the rule’s burden-of-proof standard, the rule’s definition of “discriminatory effect” and whether it strikes the proper balance in encouraging legitimate legal claims, the need for clarification on the causality standard for a prima facie case under Inclusive Communities, the need for safe harbors and other revisions to the rule that could reduce uncertainty or undue burden.

The Supreme Court ruled in 2015 that “disparate impact” analysis to demonstrate discrimination claims is recognized under the Fair Housing Act, but it included key limitations that placed the burden of proof in disparate impact cases with the plaintiffs. ABA and the state bankers associations have long called on the regulatory agencies to include the Supreme Court’s reasoning in formal guidance and exam procedures, and have previously committed to collaborating with HUD to develop a rule consistent with the legal precedent set by the Inclusive Communities decision. For more information, contact ABA’s Rod Alba.

Tags: Disparate impactFair lending
ShareTweetPin

Related Posts

ABA unveils key policy priorities for 2025

House committee advances ABA-backed bill to overhaul bank regulation

Community Banking
March 4, 2026

The House Financial Services Committee advanced legislation to boost community banking by raising regulatory thresholds, revising agency supervisory practices, tailoring regulations further, encouraging de novo banks and strengthening community development financial institutions.

Bank community engagement: Yes, you can help bank veterans

VA proposes updated policy documents establishing new partial claim option

Mortgage
March 4, 2026

The Department of Veterans Affairs released draft policy documents to implement a new partial claim option for borrowers with VA-guaranteed loans who are experiencing financial hardship.

ABA files amicus brief urging Tenth Circuit to affirm dismissal of Custodia Bank’s lawsuit over master account

ABA: Fed decision grants crypto firm payment account creates risks for consumers

Newsbytes
March 4, 2026

Kraken Financial has been granted a one-year, limited-purpose master account by the Kansas City Fed, the first crypto firm to be granted an account. Making the decision while crypto regulations are still under consideration creates serious risk for...

New infographics provide advice for identifying money mules, check fraud

ABA, CBA offer plan for Fed to wind down paper check services

Compliance and Risk
March 4, 2026

The Federal Reserve should adopt a long-term approach to phasing out its check services by encouraging electronic payment alternatives, and it should discontinue select paper check services that can be eliminated without causing unnecessary pain, ABA and the...

ABA congratulates Warsh on Fed chair nomination

Trump formally nominates Warsh to be Fed chair

Newsbytes
March 4, 2026

President Trump formally submitted to the Senate the nomination of Kevin Warsh to be the next chair of the Federal Reserve. Trump first announced Warsh as his nominee in January.

New York Fed: More people searching for jobs

ADP: 63,000 jobs added in February

Economy
March 4, 2026

The nonfarm private sector added 63,000 jobs in February, and annual pay was up 4.5% year-over-year, according to the ADP National Employment Report. This follows a downward revision of January’s report from 22,000 jobs to 11,000.

NEWSBYTES

House committee advances ABA-backed bill to overhaul bank regulation

March 4, 2026

VA proposes updated policy documents establishing new partial claim option

March 4, 2026

ABA: Fed decision grants crypto firm payment account creates risks for consumers

March 4, 2026

SPONSORED CONTENT

How top agricultural lenders are approaching AI, automation and innovation in 2026

How top agricultural lenders are approaching AI, automation and innovation in 2026

March 2, 2026
Top 7 FP&A Trends in Banking for 2026

Top 7 FP&A Trends in Banking for 2026

March 1, 2026
How Instant Payments Can Accelerate B2B Payments Modernization

How Instant Payments Can Accelerate B2B Payments Modernization

February 3, 2026
Digital Banking: The Gateway to Customer Growth and Competitive Differentiation

Digital Banking: The Gateway to Customer Growth and Competitive Differentiation

February 1, 2026

PODCASTS

Podcast: How the SCAM Act would encourage platforms to go after scammers

February 4, 2026

A new kind of ‘community bank’ for small businesses

January 22, 2026

Podcast: A Lone Star banking perspective

January 15, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.