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National Fair Housing Alliance v. Fudge (formerly, Carson)

In 2013, the Department of Housing and Urban Development (HUD) issued a rule addressing the Fair Housing Act’s prohibition on unnecessarily discriminatory housing policies. The 2013 rule adopted the well-accepted approach to claims based on disparate impact, which for almost 50 years has served as a tool to tackle structural barriers that unfairly lock people out of the housing and lending opportunities. In September 2020, HUD issued a revised rule to make it exceedingly hard for victims of discrimination to fight against systemic racism and discriminatory policies by housing providers, financial institutions, and insurance companies that deprive people of the opportunities and services they need.

Representing  the National Fair Housing Alliance , Fair Housing Advocates of Northern California, and BLDS, LLC, and co-counseling with the firm Relman Colfax and NAACP Legal Defense and Educational Fund, Inc., we filed a lawsuit challenging the 2020 rule. Following the 2020 presidential election, HUD committed to reconsidering the rule. The case was stayed while the agency did so. In 2023, after HUD rescinded the 2020 rule, we dismissed the lawsuit.