On Jan. 20, President Biden issued Executive Order 13988, titled “Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” The order directed executive branch agencies to examine further steps that could be taken to combat such discrimination. HUD became the first agency to announce that it will implement the order by administering and enforcing the Fair Housing Act to prohibit discrimination on the basis of sexual orientation and gender identity.

If you manage a blended-occupancy or mixed-finance site that includes LIHTC and Section 8 Project-Based Rental Assistance program compliance, you should know that HUD’s Real Estate Assessment Center (REAC) recently released a memorandum that details the return-to-operations plan for inspections.

HUD recently released a proposed rule that would revise the 2013 disparate impact rule, which set the standard for determining when a practice with a discriminatory effect violates the Fair Housing Act. Disparate impact is a legal doctrine under the Fair Housing Act which states that a policy may be considered discriminatory if it has a disproportionate “adverse impact” against any group based on race, national origin, color, religion, sex, familial status, or disability when there is no legitimate, nondiscriminatory business need for the policy.