For over 45 years, the disparate impact doctrine has allowed people to chip away at policies that have a discriminatory effect even if there is no intent to discriminate. When the need to address systemic racism is so urgent, and the costs of failing to do so are so devastating, HUD has chosen to finalize a rule that effectively dismantles this essential tool for fighting injustice.
Letter to HUD opposing the set of deregulatory efforts now under way that are withdrawing crucial commonsense oversight from the housing and financial markets, enabling discrimination, and thereby increasing barriers to affordable housing
If the proposed rule went into effect, HUD’s assessment of whether localities were meeting their AFFH obligations would not include consideration of race, religion, national origin, families with children, or other protected classes that the Fair Housing Act was intended to shield from discrimination. The proposed rule eliminates the community participation process, which was proven to be extremely effective in helping communities develop meaningful fair housing goals, and does not even have a requirement that state and local governments conduct a fair housing analysis for their communities at all.
Racial discrimination in housing is already difficult to prove. Now, the Trump Administration wants to make it virtually impossible.
Tell HUD not to give a green light to discrimination in housing, and to preserve the disparate impact rule