Federal judge strikes down housing discrimination rule which was designed to make it easier for plaintiffs to file allegations of housing discrimination.

JURIST

A federal judge for the US District Court for the District of Columbia [official website] on Monday struck down [PDF] the US Department of Housing and Urban Development (HUD) [official website] housing discrimination rule which was designed to make it easier for plaintiffs to file allegations of housing discrimination. The rule, [PDF] issued in February 2013, [press release] created a burden-shifting test that would allow plaintiffs to show housing practices result in a disparate-impact to minorities without requiring them to prove a discriminatory intent. In his opinion, Judge Richard Leon [website, bio] struck down the anti-discrimination rule, stating that the rule was "yet another example of an administrative agency trying desperately to write into law that which Congress never intended to sanction." HUD is responsible for interpreting and creating rules which serve the purpose of the Fair Housing Act [text] which makes it unlawful "[t]o refuse to sell or rent after the making of a bona fide offer ... or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin." Judge Leon ruled in favor of the plaintiffs and indicated that HUD acted outside of the Congressional intent of the Fair Housing Act by creating a burden-shifting rule.