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HUD proposed rule (Jan 2026) to stop using disparate‑impact theory in civil‑rights enforcement

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Evidence from credible sources supports the statement as accurate. Learn more in Methodology.

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rulemaking

HUD submitted a proposed rule to end the agency’s use of disparate‑impact theory in fair housing and related civil‑rights enforcement (rulemaking initiated).

Source summary
HUD announced it has closed a civil rights investigation into the Texas General Land Office’s distribution of disaster mitigation funds, with HUD’s Office of Fair Housing and Equal Opportunity finding allegations of racial discrimination based on disparate-impact theory to be baseless. Secretary Scott Turner characterized the prior investigation as politicized and said the GLO complied with federal, race-neutral standards. HUD also noted a proposed January 2026 rule to end the agency’s use of disparate-impact theory in enforcement.
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Latest fact check

Official rulemaking documents and multiple legal analyses confirm that on January 14, 2026 HUD published a proposed rule titled “HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard” that would rescind HUD’s existing disparate‑impact ("discriminatory effects") regulation and leave disparate‑impact issues to the courts. Therefore the statement — that HUD proposed a rule in January 2026 to end the agency’s use of disparate‑impact theory in fair housing and related civil‑rights enforcement — is accurate.

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Timeline

  1. Update · Jan 29, 2026, 01:39 AMTrue
    Official rulemaking documents and multiple legal analyses confirm that on January 14, 2026 HUD published a proposed rule titled “HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard” that would rescind HUD’s existing disparate‑impact ("discriminatory effects") regulation and leave disparate‑impact issues to the courts. Therefore the statement — that HUD proposed a rule in January 2026 to end the agency’s use of disparate‑impact theory in fair housing and related civil‑rights enforcement — is accurate.
  2. Original article · Jan 28, 2026
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