On August 16, 2019, the U.S. Department of Housing and Urban Development (HUD) released a proposed rule to amend the agency’s interpretation of the Fair Housing Act’s (FHA) disparate impact standard. HLA joined with with a host of other fair housing and civil rights organizations to oppose the rule.
HLA believes that HUD’s proposal would make it nearly impossible for people to bring disparate impact claims. As the Supreme Court recognized in previous cases, the FHA “was enacted to eradicate discriminatory practices within a sector of our Nation’s economy.” HUD’s proposal would allow discriminatory practices to continue unchecked as long as the business, housing provider, or government actor did not state an intent to discriminate. HLA supports and adopts comments submitted by the National Housing Law Project (NHLP) and other national organizations who strongly urge HUD to withdraw this Proposed Rule.
Among multiple other troubling provisions related to disparate impact cases, HUD’s proposal would improperly shield zoning and planning decisions from scrutiny under the FHA. As an organization focused on the impact of land use decisions on protected classes, this is exactly the kind of blinders HLA seeks to remove. Instead, HUD is embracing the blinder approach to insulate local decision makers for disguised prejudice through piecemeal land use decision making.
See below HLA’s full comment letter:
HLA Comments on HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard
We encourage all organizations and individuals who advocate for the FHA to read the full text of the proposed rule and submit comments:
Federal Register: HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard