Disparate Impact

NAR opposes policies and practices that have a disproportionately adverse effect on a demographic group defined by race, color, religion, sex, disability, familial status, national origin, sexual orientation, or gender identity, unless such policies are justified by a legitimate business necessity and there is no less-discriminatory alternative. NAR believes that eliminating disparate-impact discrimination, as defined by the Supreme Court in its 2015 Inclusive Communities decision, helps protect both the legitimate business interests of real estate professionals and the fair housing rights of consumers. NAR supports the reinstatement of HUD’s 2013 disparate impact standard, as proposed by HUD in August of 2021.