Last week, we reported that a lawsuit was filed on June 26 in federal district court in Washington, D.C. challenging HUD’s final rule formalizing its use of disparate impact liability under the Fair Housing Act (FHA).  The rule, adopted in February 2013, provides that if a practice has a “discriminatory effect” on a protected class under the FHA, HUD or a private plaintiff can establish liability under the FHA even if there is no discriminatory intent.… Continue Reading