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On June 25, 2021, President Biden’s newly appointed Housing Secretary Marcia Fudge proposed to rescind a Secretary Carson-era disparate impact rule designed to implement the Fair Housing Act. In its place, HUD would reinstate the 2013 Discriminatory Effect Standard because the 2013 rule “better states Fair Housing Act jurisprudence and is more consistent with the Fair Housing Act’s remedial purposes.” By the time notice and comment ended on August 24, 2021, over ten thousand public comments had been submitted.

Critics of Secretary Fudge’s proposed rule, including Ranking Member Senator Pat Toomey, argue that the change not only flouts the Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities but also ultimately hurt consumers. Proponents argue that the change will move the housing market towards greater equity. Our panel of experts with a diversity of views discussed the pros and cons on October 11, 2021.


  • Paul Compton, Founding Partner, Compton Jones Dresher
  • Morgan Williams, General Counsel, National Fair Housing Alliance
  • [Moderator] Devon Westhill, President and General Counsel, Center for Equal Opportunity

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.