On Friday February 13th, in partnership with Klein Hornig LLP, CHAPA submitted a comment letter opposing a proposal from the Department of Housing and Urban Development (“HUD”) to rescind the agency’s regulations related to disparate impact liability under the federal Fair Housing Act (“FHA”).
Disparate impact discrimination is a legally actionable form of housing discrimination under the FHA that occurs when a seemingly neutral policy harms one group of people more than others across a legally protected characteristic like race or sex. HUD’s disparate impact regulations outline a framework for determining when such housing discrimination has taken place.
Not only do these regulations help steer HUD’s enforcement of FHA protections against disparate impact discrimination, but they also provide guidance to housing providers on how to conform their practices and behavior to the law. Any withdrawal of the regulations will exacerbate housing discrimination by reducing both accountability and legal guidance under the FHA.
CHAPA’s comment letter highlights all of this for HUD. It also points out that: (1) HUD’s justification for the proposal hinges on a mischaracterization of Supreme Court precedent; and (2) any withdrawal of the regulations will violate HUD’s legal obligations to enforce the FHA and affirmatively further fair housing.
The letter ends by urging HUD to retain the regulations. The comment period concluded on February 13th and HUD must now review submitted comments before deciding whether to formally adopt the proposal.