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Discriminating against tenants – even if unintended — has long flown in the face of both California and federal law. But just how the law plays out in court has varied by circuit across the country. A new rule, issued Feb. 8 by the U.S. Department of Housing and Urban Development, aims to change that. HUD’s final rule on implementing the Fair Housing Act’s Discriminatory Effects Standard includes guidelines that standardize what constitutes discrimination through “disparate impact” and what it takes to prove it in court. First, HUD clarifies that the plaintiff bears the burden of proof. In the rental… Read More

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