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2016-10-05
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Application of the Fair Housing Act's Discriminatory Effects Standard to Insurance
Proposed Rules
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United States
Department of Housing and Urban Development
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United States Government Agency or Subagency
HUD is issuing this document to supplement its responses to certain insurance industry comments to HUD's proposed rule implementing the Fair Housing Act's (``Act'') discriminatory effects standard. These commenters requested, inter alia, total or partial exemptions or safe harbors from liability under the Act's discriminatory effects standard. After careful reconsideration of the insurance industry comments in accordance with the court's decision in Property Casualty Insurers Association of America (PCIAA) v. Donovan, HUD has determined that categorical exemptions or safe harbors for insurance practices are unworkable and inconsistent with the broad fair housing objectives and obligations embodied in the Act. HUD continues to believe that the commenters' concerns regarding application of the discriminatory effects standard to insurance practices can and should be addressed on a case-by-case basis.
81 FR 69012
https://www.govinfo.gov/app/details/FR-2016-10-05/2016-23858
2016-23858
fr05oc16-17
4210-67-P
Docket No. FR-5508-N-03
https://www.govinfo.gov/app/details/FR-2016-10-05/2016-23858
https://www.govinfo.gov/content/pkg/FR-2016-10-05/html/2016-23858.htm
https://www.govinfo.gov/content/pkg/FR-2016-10-05/pdf/2016-23858.pdf
8 p.
69012
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81 FR 69012
Code of Federal Regulations
Title 24 Part 100
24 CFR Part 100
Application of the Fair Housing Act's Discriminatory Effects Standard to Insurance; Federal Register Vol. 81, Issue
PRORULE
2016-23858
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Docket No. FR-5508-N-03
4210-67-P
2016-23858
Reconsideration of public comments; implementation of the Fair Housing Act's Discriminatory Effects Standard.
HUD is issuing this document to supplement its responses to certain insurance industry comments to HUD's proposed rule implementing the Fair Housing Act's (``Act'') discriminatory effects standard. These commenters requested, inter alia, total or partial exemptions or safe harbors from liability under the Act's discriminatory effects standard. After careful reconsideration of the insurance industry comments in accordance with the court's decision in Property Casualty Insurers Association of America (PCIAA) v. Donovan, HUD has determined that categorical exemptions or safe harbors for insurance practices are unworkable and inconsistent with the broad fair housing objectives and obligations embodied in the Act. HUD continues to believe that the commenters' concerns regarding application of the discriminatory effects standard to insurance practices can and should be addressed on a case-by-case basis.
Supplemental Responses issued on October 5, 2016.
Jeanine Worden, Associate General Counsel for Fair Housing, Office of General Counsel, U.S. Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410-0500; (202) 402-5188 (this is not a toll-free number). Persons with hearing or speech impairments may contact this number via TTY by calling the toll-free Federal Relay Service at 800-877-8399.
Application of Fair Housing Act's Discriminatory Effects Standard to Insurance
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http://www.naic.org/documents/committees_c_catf_related_price_optimization_white_paper.pdf
Federal Register
Vol. 81, no. 193
Office of the Federal Register, National Archives and Records Administration
2016-10-05
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Table of Contents:
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https://www.govinfo.gov/content/pkg/FR-2016-10-05/pdf/FR-2016-10-05.pdf
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