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Housing Discrimination Could Increase Under this New HUD-Proposed Rule
This summer, the U.S. Department of Housing and Urban Development (HUD) released a proposed rule aimed at modifying the “disparate impact” theory outlined in the Fair Housing Act of 1968. If adopted, this rule will weaken the effectiveness of civil rights and fair housing laws and worsen racial and economic segregation in the United States.
Disparate impact is a civil rights theory upheld in 2015 by the Supreme Court in its decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project. Members of protected classes—which includes, but is not limited to, racial and ethnic minorities and people with disabilities—who allege harm by unfair lending and other housing policies can pursue legal remedies using this tool. Since the enactment of the Fair Housing Act in 1968, this approach has been key to challenging predatory and discriminatory actors in the housing market.
Prior to making a final decision on the rule, HUD has opened a comment period to allow advocates and other stakeholders to offer feedback until Friday, October 18, 2019.
Please take a moment to read Prosperity Now's comment letter and sign your organization on by 5 p.m. ET on Thursday, October 17.
For additional questions about the proposed rule, please contact Emanuel Nieves at [email protected].
