Department of Housing and Urban Development Disparate Impact Rule

Darren M. Welch

On October 11, Washington, D.C. litigation counsel Darren Welch presented to the nonprofit group Women in Housing and Finance, speaking on the U.S. Department of Housing and Urban Development’s rule on disparate impact liability. Mr. Welch discussed potential defenses to disparate impact liability under the Fair Housing Act in light of the Supreme Court’s 2015 decision in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, as well as industry comments regarding potential changes to HUD’s rule. Mr. Welch also shared potential steps industry participants can take for mitigating fair lending risk.