The letter urges the agencies to preserve the 2024 regulation prohibiting “disparate impact” discrimination (2023 Disparate Impact Rule), which appropriately ensures that landlords, lenders, and others use the fairest policy available to provide housing and lending opportunities for all. Without any public notice and comment, HUD has sent a “Final Rule” entitled “HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard” to the OMB’s Office of Information and Regulatory Affairs (OIRA) for review before publication. While the text of this purported final rule has not been made public to permit us to review and comment, contrary to the requirements of the Administrative Procedure Act, it has the same title as the final rule that HUD published in 2020 and we assume that it similarly would weaken the disparate impact standard by seeking to eliminate the ability to bring disparate impact claims under the Fair Housing Act. If promulgated, the new Final Rule would unfairly shut out many people from achieving the American Dream of safe, stable, affordable housing of their choice during a time when the nation faces a fair and affordable housing crisis.
See all resources related to: Consumer Protections for Tenants, Equity & Racial Justice, Homeownership & Foreclosure