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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, June 29, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will provide counsel with guidance on the reinstated and revised rules under the Fair Housing Act. The panel will discuss the current and anticipated revisions to the standard for disparate impact discrimination claims and the Affirmatively Furthering Fair Housing (AFFH) Interim Final Rule that requires local housing data to be analyzed for discriminatory patterns and submit to HUD plans to address those patterns to continue receiving federal funds.

Faculty

Harry J. Kelly
Partner
Nixon Peabody LLP

Mr. Kelly’s practice focuses on transactional and litigation aspects of housing, fair housing, reasonable accommodations, and accessible design, government contracts, financial institutions and bankruptcy law. He counsels owners of firms—particularly those active in real estate and housing—with respect to issues related to the operations of their businesses and assists them in litigation and enforcement matters. Mr. Kelly also advises government contracts clients on transactional and regulatory issues and litigates claims against government agencies. He is a frequent lecturer on Fair Housing compliance issues.

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Amy Glassman
Partner
Ballard Spahr LLP

Ms. Glassman represents public housing authorities, developers, nonprofits, and other recipients of HUD funds in regulatory, administrative, transactional, and related matters. She has extensive experience with HUD regulatory and statutory compliance issues. She works closely with housing authorities on applications for and implementation of HUD's Moving to Work (MTW) program, including negotiation of MTW agreements and development and implementation of MTW policies and programs. She assists clients on matters such as federal procurement requirements, relationships with public housing affiliates and instrumentalities, uses of program income, the Uniform Relocation Act, and tenant-based and project-based housing choice vouchers. Ms. Glassman’s transactional practice includes extensive work with public housing authorities on portfolio repositioning strategies and implementation, including mixed-finance redevelopment projects, HUD demolition and disposition applications, and conversions to Section 8 using various methods, including disposition, voluntary conversion, HUD's Rental Assistance Demonstration program. She also advises clients on a variety of HUD multifamily housing matters involving project-based rental assistance, including HAP contract transfers and assignments.

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Description

President Biden signed an executive order that, among other things, directed HUD to reevaluate earlier agency decisions perceived to weaken the Fair Housing Act. In response to this directive, HUD has submitted draft rules to the Office of Management and Budget that would roll back two significant changes made by the prior administration's HUD.

First, HUD has submitted a proposed rule to revise the standard for disparate impact discrimination claims. Second, HUD has submitted an interim final rule related to the AFFH rule, an Obama-era regulation requiring that certain municipalities and housing authorities perform assessments related to desegregation. The review period for the two rules is limited to 90 days by executive order, so the substance of these rules should be made public by July 2021.

It is believed the current administration will reinstate a 2013 regulation codifying HUD's long-standing view that the Fair Housing Act banned housing practices that disparately impact protected classes of individuals and reestablish the three-part burden shifting test to establish a housing discrimination claim.

HUD's second proposed rule--an interim final rule that will take effect once published in the Federal Register--relates to the AFFH rule. AFFH required housing authorities, cities, and towns to analyze local housing data for discriminatory patterns and submit to HUD plans to address those patterns to continue receiving federal funds.

Listen as our expert panel discusses the current state of HUD regulations related to the Fair Housing Act and addresses concerns that all stakeholders may have regarding potential claims and risk.

Outline

  1. Fair Housing Act rules
    1. History
    2. Disparate impact
      1. Burden shifting test
      2. Litigation challenges
    3. Affirmatively Furthering Fair Housing
      1. Analysis of local housing data
    4. Submission to HUD plans to address patterns
    5. Future HUD proposed FHA rules

Benefits

The panel will review these and other important issues:

  • How will the disparate impact rule under Biden's HUD differ from the prior rule?
  • Who is impacted by the AFFH rule?
  • What requirements will HUD have for municipalities that have discriminatory patterns in housing?
  • What are the likely future Biden administration fair housing rules and regulations?