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February 25, 2014: NHLP joins Amicus Brief Defending Disparate Impact Regulation

On February 10, NHLP joined five other civil rights organizations in filing an amicus brief in American Insurance Ass'n v. U.S. Dep't of Hous. and Urban Dev. Plaintiffs in this action challenge the validity of HUD's Disparate Impact Regulation, which was issued in early 2013. Amici filed in support of HUD's motion for summary judgment. Read the amicus brief here.

The regulation represents decades of Fair Housing Act jurisprudence, as disparate impact theory has been recognized by eleven federal circuits. Despite this fact, members of the insurance industry are currently challenging the validity of the regulation.

The brief offered a variety of arguments outlining the why court should grant HUD summary judgment, including: (1) the claims are not ripe for review (2) the disparate impact rule, as a method of proof, is not a "final agency" decision and thus judicial review is not appropriate; (3) plaintiffs' allegations lack the "factual concreteness" required by F.R.C.P. 8(a); and (4) the McCarran-Ferguson Act, which plaintiffs claim reverse preempts the regulation, does not serve as an absolute bar to disparate impact enforcement.

Other amici included the National Fair Housing Alliance, the Lawyers' Committee for Civil Rights Under Law, National Low Income Housing Coalition, Poverty & Race Research Action Council, and LatinoJustice PRLDEF.

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