NCSHA Comment Letter to HUD on Proposal to Rescind Disparate Impact Regulations
On February 13, 2026, NCSHA submitted these comments to the U.S. Department of Housing and Urban Development (HUD) in response to its proposed rule to repeal the 2013 disparate impact final rule. NCSHA encouraged HUD to consider the adjustments NCSHA recommended in response to HUD’s 2018 proposed rule, specifically, to make the following clarifying alterations to the 2013 rule:
- Explicitly state that, to be successful in establishing a prima facie case for step one of the burden-shifting process, plaintiffs must demonstrate a robust causality between the challenged policy or policies and the disparity, and
- Acknowledge that policies meet the legally sufficient justification for step two of the burden-shifting process if they are not artificial, arbitrary, or unnecessary barriers.
