Is Disparate Impact Going Away? What HUD’s 2026 Proposed Rules Really Mean

Is disparate impact really going away? Not necessarily.

HUD has proposed significant changes to how disparate impact is addressed under both the Fair Housing Act and Title VI. But these proposals do not simply mean that neutral policies are no longer subject to scrutiny.

In this 60-minute webinar, Gwen Volk will break down HUD’s 2026 proposed changes in plain English, including HUD’s January 14, 2026 proposal to eliminate its Fair Housing Act disparate-impact regulation and its August 10, 2026 proposal to eliminate discriminatory-effects provisions from its Title VI regulations.

You’ll explore the difference between disparate impact and intentional discrimination, the continuing significance of the Supreme Court’s Inclusive Communities decision, and why the legal standards under the Fair Housing Act and Title VI may not be identical.

The discussion will also examine what these developments could mean for everyday housing practices—including screening criteria, criminal-history policies, occupancy standards, minimum-income requirements, site selection, and other facially neutral policies.

Most importantly, you’ll learn what these proposed rules mean, what they do not mean, and what housing professionals should be doing now while the proposals remain under consideration.

Learning Objectives

By the end of this webinar, participants will be able to:

• Explain the key changes proposed by HUD in 2026 regarding disparate impact under the Fair Housing Act and discriminatory effects under Title VI.

• Distinguish disparate-impact claims from claims involving intentional discrimination.

• Discuss the continuing relevance of the Supreme Court’s Inclusive Communities decision to Fair Housing analysis.

• Compare how disparate-impact and discriminatory-effects standards may differ under the Fair Housing Act and Title VI.

• Evaluate how facially neutral policies—such as screening, criminal-history, occupancy, income, and site-selection policies—may be affected by the proposed changes.

• Identify practical steps owners, PHAs, and management agents should consider now while HUD’s proposed rules remain under consideration.

Who Should Attend

This webinar is designed for owners, management agents, property managers, regional and supervisory staff, compliance professionals, Fair Housing coordinators, PHAs, and other HUD-funded housing professionals responsible for developing, implementing, or reviewing policies that may have Fair Housing or Title VI implications.