The U.S. Department of Housing and Urban Development has released a final rule thatwill apply a so-called “disparate impact” rule that will usestatistical analysis to determine if discrimination and violationsof the Fair Housing Act may be taking place. The rule releasedFriday will take effect 30 days after it is published in theFederal Register.

“Through the issuance of this rule, HUD is reaffirming itscommitment to enforcing the Fair Housing Act in a consistent anduniform manner,” said HUD Secretary Shaun Donovan in an agencyrelease. “This will ensure the continued strength of one of themost important tools for exposing and ending housingdiscrimination.”

Under disparate impact rules, a plaintiff can claimdiscrimination without proving intent or even the existence of theviolation. Instead, statistical analysis is relied upon to revealwhether certain minority groups received the same treatment asothers.

The Department of Justice has successfully used disparate impactin recent cases against Wells Fargo and Bank of America allegingdiscrimination. Wells Fargo settled for $175 million in July 2012but did not admit wrongdoing. Bank of America settled its case for $335 million in December2011 over discriminatory lending practices at Countrywide Financialduring the height of the housing boom.

The CFPB said in April 2012 it will apply disparate impact when assessing if institutions itexamines violate the Equal Credit Opportunity Act.

HUD is statutorily charged with the authority and responsibilityfor interpreting and enforcing the Fair Housing Act and has longinterpreted the Act to prohibit housing practices with anunjustified discriminatory effect, if those acts actually orpredictably result in a disparate impact on a group of persons, orcreate, increase, reinforce, or perpetuate segregated housingpatterns because of race, color, religion, sex, handicap, familialstatus, or national origin.

Dennis Parker, director of the American Civil Liberties Union'sRacial Justice Program, applauded the new rule, which he said“reaffirms the vitality of the discriminatory effects standardunder the Fair Housing Act.”

The rule provides clarity and consistency for individuals,businesses, and government entities subject to the Fair HousingAct. HUD said it anticipates the rule also will make iteasier for individuals and organizations covered by the law tounderstand their responsibilities and comply with the law.