HUD Publishes Proposed Disparate Impact Rule: On January 14, 2026, the U.S. Department of Housing & Urban Development (HUD) published a proposed rule regarding the Fair Housing Act’s disparate impact standard in the Federal Register for a 30-day public comment period. If the proposed rule is finalized and goes into effect, it would remove HUD’s existing disparate impact rule from the Code of Federal Regulations without replacing it. In the proposed rule, HUD has taken the view that it is a matter for the courts, rather than for HUD, to define the standard for proving disparate impact violations of the Fair Housing Act; however, that argument does not hold water in light of the fact that HUD routinely must interpret and apply the Fair Housing Act in ways that the courts have not definitively spoken to when carrying out its administrative enforcement and compliance monitoring obligations. Additionally, this proposed rule represents an attempt to roll back a major civil rights victory, and, notwithstanding that HUD does not claim, in the text of the proposed rule itself, to undo disparate impact entirely, Secretary Scott Turner’s public statements and the adverse actions that HUD has taken with respect to enforcement proceedings that involve disparate impact claims belie that assertion. A breakdown of the proposed rule on BlueSky from our Executive Director is available here. Update readers who are interested in submitting a comment by the February 13, 2026 deadline can do so here.
Withdrawal of DOJ/CFPB ECOA Joint Statement: On January 12, 2026, the U.S. Department of Justice (DOJ) and the Consumer Financial Protection Bureau (CFPB) withdrew a 2023 guidance document that attempted to clarify the circumstances in which the consideration of immigration status by lenders might violate the Equal Credit Opportunity Act (ECOA). This lawless act by the DOJ and the CFPB presupposes the outcome of rulemaking proceedings that have not come to fruition (and are themselves belied by the text and history of ECOA). Responsible lenders should not modify their practices in response to this withdrawal as they still may be subject to liability under ECOA in actions brought in court by private parties both with respect to disparate impact claims and with respect to claims that immigration-related criteria are pretexts for discrimination on the basis of race or national origin.
Other news and resources
Maine Legislative Committee Fails to Advance SOI Bill: Advocates continue to fight for a ban on source of income discrimination in Maine, but, unfortunately, following a January 6, 2026 work session, the Judiciary Committee of the Maine State Legislature failed to advance the bill with a favorable report.
FHFA Impeding Low-Income Homebuyers: The New York Times explores the ways in which the current leadership of the Federal Housing Finance Agency is impeding access to homeownership for low- and moderate-income homebuyers.
A Break from the Parade of Horribles – Protest Music Trivia: In this Update’s installment of A Break from the Parade of Horribles, we are presenting a protest music trivia quiz. Respond by email (to tdelgo@prrac.org) with your answers by the end of the day tomorrow, January 23rd. We have some great prizes, including a book and some PRRAC swag (a very nice camping mug), in store for the winners. Of course, this is all on the honor system, so no Googling! If you stare closely enough at the answers for a while, you may notice a “meta” answer spanning the seven questions. Let us know what you think that is though nothing other than bragging rights is riding on it!
1) What Washington, D.C. born soul singer released the album (and song) What’s Going On in 1971?
a) Chuck Brown
b) Sam Cooke
c) Mavis Staples
d) Marvin Gaye
2) What Pacific Northwest university was the incubator of the feminist punk riot grrrl movement?
a) Reed College
b) Evergreen State College
c) University of Washington
d) Gonzaga University
3) What New Orleans soul singer gave voice to Allen Toussaint’s lament against unhealthy working conditions in “Working in the Coal Mine”?
a) Irma Thomas
b) Lee Dorsey
c) Dr. John
d) Patti LaBelle
4) What title track from Hibbing, Minnesota’s Bob Dylan’s third studio album opens by asking people to “come gather ’round”?
(a) Highway 61 Revisited
(b) Turn! Turn! Turn!
(c) The Times They Are a-Changin’
(d) I Ain’t Marching Any More
5) From what country did the rock band the Cranberries, best known for their 1994 hit “Zombie,” come?
a) Canada
b) New Zealand
c) United Kingdom
d) Ireland
6) What Long Island, New York baritone was the voice of Public Enemy and penned classics like “Fight the Power” and “Black Steel in the Hour of Chaos”?
a) Chuck D
b) Ice Cube
c) Rakim
d) CL Smooth
7) What 1968 number #1 hit single from Sly & the Family Stone is a paean to integration?
a) “Everyday People”
b) “(Sittin’ On) The Dock of the Bay”
c) “If You Want Me to Stay”
d) “I Want to Take You Higher”
