Constitutional Accountability Center Constitutional Accountability Center
Civil and Human Rights

Comments on HUD’s implementation of the Fair Housing Act’s Disparate Impact Standard

In Brief

Everyone is entitled to seek housing free from discrimination.
A new rule proposed by the Trump Administration would gut the Fair Housing Act’s disparate impact standard, making it harder for marginalized communities to prove discrimination in the housing market.
The proposed rule contravenes the very purpose of the Fair Housing Act by making it easier for companies to discriminate.

CAC submitted a public comment to the U.S. Department of Housing and Urban Development (HUD) regarding the Trump Administration’s attempt to dismantle the disparate impact standard for the Fair Housing Act.

In our comment, we urged HUD to not move forward with the proposed rule but instead maintain the current rule and carry out HUD’s statutory role by vigorously enforcing the Fair Housing Act to remove discriminatory barriers to housing choice throughout the housing market. There is no good reason for revising the existing rule, which reflects long settled principles of disparate impact liability long affirmed by the courts. Adopting the proposed rule would contravene the purpose of the Fair Housing Act and would be a step towards perpetuating inequality.

CAC HUD Comment

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