1. kaiumkuakata@gmail.com : Ab kaium : Ab kaium
  2. akaskuakata@gmail.com : akas :
  3. mithukuakata@gmail.com : mithu :
  4. mizankuakata@gmail.com : mizan :
  5. habibullahkhanrabbi@gmail.com : rabbi :
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মঙ্গলবার, ৩১ জানুয়ারী ২০২৩, ০৩:৪২ অপরাহ্ন
বিজ্ঞপ্তিঃ-
প্রতিটি জেলা উপজেলায় প্রতিনিধি নিয়োগ দেওয়া হবে। যোগাযোগঃ-০১৯১১১৪৫০৯১, ০১৭১২৭৪৫৬৭৪

IV. Changes Generated within Last Laws Phase

  • আপডেট সময় শনিবার, ৯ জুলাই, ২০২২
  • ৩০ বার

IV. Changes Generated within Last Laws Phase

III. The fresh new , Suggested Laws

Into the , HUD wrote a recommended laws on Federal Sign in (76 FR 70921) dealing with the brand new discriminatory consequences concept out of liability beneath the Operate. Particularly, HUD advised incorporating a different sort of subpart G so you can twenty four CFR part 100, which may formalize the brand new historical condition held because of the HUD in addition to federal courts your Fair Property Operate are broken because of the a property routine having a discriminatory perception, regardless of whether brand new behavior was accompanied to have an effective discriminatory purpose, and carry out introduce consistent conditions to own determining when such as for example a practice violates brand new Act.

On the advised code, HUD defined a houses routine having an effective “discriminatory impression” as a whole one to “actually otherwise predictably: (1) Results in a different impact on several people towards the the basis out of competition, color, religion, intercourse, impairment, familial updates, or federal provider; or (2) Provides the effectation of performing, perpetuating, otherwise broadening segregated construction patterns based on race, colour, faith, intercourse, handicap, familial position, otherwise national origin.”

A construction behavior that have an excellent discriminatory impact carry out still be legitimate if the supported by good “legitimately sufficient reason.” HUD recommended you to definitely good “legitimately adequate justification” is obtainable the spot where the confronted property practice: (1) Has actually an important and you can reveal link to one or more legitimate, nondiscriminatory interests of the respondent or accused; and (2) men and women interests can’t be served by other practice that a quicker discriminatory feeling.

In line with a unique past habit and this of many government process of law, HUD recommended a burden-shifting framework getting choosing whether or not liability can be obtained lower than good discriminatory outcomes concept. Beneath the recommended burden-shifting strategy, this new recharging team otherwise plaintiff inside an adjudication very first holds the fresh new burden from showing you to definitely a pushed habit grounds a beneficial discriminatory perception. If your charging you group or plaintiff meets which burden, the duty out-of research shifts for the respondent or accused to help you confirm that confronted routine enjoys a required and you can manifest relationship to 1 or even more of their genuine, nondiscriminatory appeal. In case the respondent otherwise defendant satisfies so it burden, the fresh billing party otherwise plaintiff can still present responsibility by demonstrating the legitimate, nondiscriminatory focus should be prepared by other behavior who has a good reduced discriminatory feeling.

Throughout the recommended rule, HUD informed me one to abuses of several arrangements of one’s Act could possibly get getting built of the proof of discriminatory consequences, and 42 U.S.C. 3604(a), 3604(b), 3604(f)(1), 3604(f)(2), 3605, and you can 3606 (discover 76 FR 70923 n.20), and this discriminatory effects liability applies to both public and private organizations (see 76 FR 70924 letter.40).

HUD together with proposed so you can up-date twenty-four CFR area 100 to include examples of practices which can violate the latest Operate within the discriminatory outcomes theory.

As a result so you can social feedback, a discussion where is shown about adopting the point, along with after that planning of circumstances handled on proposed signal phase, HUD is deciding to make the pursuing the transform at this final rule stage:

A beneficial. Changes to help you Subpart Grams

The past laws can make multiple slight posts in order to subpart G inside the the new suggested rule getting quality. The last code transform “housing habit” in order to “practice” while in the proposed subpart Grams and come up with obvious the criteria set forth inside subpart G commonly restricted to the latest methods managed inside the subpart B, which is named “Discriminatory Homes Methods.” The past code replaces “under this subpart” with “underneath the Fair Homes Work” given that subpart Grams traces evidentiary requirements to own proving responsibility within the Fair Houses Operate. The final laws also replaces the entire terms “prohibited intent” towards the so much more particular “discriminatory intention.”

The final code some revises the phrase discriminatory effect discovered in proposed § (a), as opposed to changing the meaning, so you’re able to condense the meaning and make they a whole lot more in keeping with terms utilized in circumstances legislation. Proposed § (a) provided that “[a] housing habit possess a great discriminatory impact where it actually or predictably: (1) Causes a disparate impact on several individuals into the the basis regarding competition, color, faith, gender, handicap, familial standing, or national supply; otherwise (2) Contains the effect of creating, perpetuating, otherwise broadening segregated property designs based on competition, colour, religion, gender, disability, familial position, otherwise national provider.” Finally § (a) brings one “[a] routine features an effective discriminatory feeling in which it actually otherwise predictably overall performance inside a disparate impact on top mature women hookup sites a team of persons otherwise produces, develops, reinforces, otherwise perpetuates segregated homes designs because of race, colour, faith, intercourse, handicap, familial position, or federal provider.”

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