Should the evaluation of disproportionate impact be measured within the geographic boundaries of a municipality, or can it be in compared to other municipalities or parts of the state overall?

The U.S. Department of the Treasury’s (“Treasury”) Final Rule identities populations, households, and geographic areas presumed to have been disproportionately impacted by the pandemic and provides a pathway for designating other disproportionately impacted classes outside of those households or populations that are presumed eligible. Under the Final Rule, municipalities can follow the linked guidelines for identifying classes that have experienced a disproportionate impact, or identify a disproportionate impact based on academic research or government research publications, through analysis of their own data, or analyzing other existing data sources.[1] To augment their analysis, or when quantitative data is not readily available, recipients may also consider qualitative research and sources such as resident interviews or feedback from relevant state and local agencies, such as public health departments or social services departments.[2] Treasury recommends that “in both cases, recipients should consider the quality of the research, data, and applicability of analysis to their determination.” [3]

Last Updated: January 31, 2022