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NAFCU is seeking member feedback on a Department of Housing and Urban Development (HUD) advanced notice of proposed rulemaking (ANPR) to reconsider the implementation of the Fair Housing Act's "disparate impact" standard. While NAFCU has steadfastly supported the enforcement of fair lending laws, it has raised concerns about disparate-impact claims.

NAFCU members can supply comments via the association's Regulatory Alert, which was sent to member credit unions yesterday.

HUD is soliciting comment on the disparate impact standard set forth in its 2013 final rule. The department's reconsideration of the disparate impact standard is a result of the Supreme Court's 2015 decision that upheld that lenders and governments can be found guilty of discriminatory bias in lending activity based on statistical patterns, even if discriminatory intent is not proven.

The ANPR asks for public comment on the disparate impact standard's burden-shifting approach, relevant definitions, causation standard and whether changes to some of the rule's provisions would be appropriate.

NAFCU is also collecting suggestions on ways to improve clarity, reduce uncertainty, decrease regulatory burden and assist regulated entities in determining what is lawful under the disparate impact rule, per HUD's request.

Comments due on HUD's ANPR are due to NAFCU by Aug. 1; comments are due to HUD by Aug. 20.