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On August 19, 2019, the U.S. Department of Housing and Urban Developments (HUD) issued a proposed rule that could drastically weaken a long-standing tool used to fight discrimination under the Fair Housing Act. The Act prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. It covers private housing, housing that receives Federal financial assistance, and State and local government housing.
What’s disparate impact?
Disparate impact claims brought under the Fair Housing Act protect against policies and actions that seem neutral but in practice unfairly harm certain groups of people. This type of discrimination does not have to be intentional. Under the law, and based on current regulations and Supreme Court interpretation, you can bring a housing discrimination claim where a policy or action results in a “disparate impact” on the basis of race, disability, or other protected category.
The proposed rule would change the requirements for making disparate impact claims, undercutting existing protections. Under the proposed rule, it would be much harder, if not impossible, to use disparate impact to challenge discriminatory housing policies and practices. The Fair Housing Act disparate impact standard continues to play an important role in integration and addressing systemic housing discrimination. We must oppose efforts to weaken it.
For more information, visit https://defendcivilrights.org/ and https://www.fightforhousingjustice.org/.
Submit a comment using the form below. You have until October 18 to make your voice heard.
You may use the comment we have provided for you below. However, we encourage you to write comments in your own words. Using your own words has a big impact. Describe how the rule impacts you, your family, your community and/or your organization and the people it serves. If you have expertise in an issue area or personal experience, say so! It helps to explain why you are uniquely qualified to offer your thoughts on this matter. Finally, if you are a person with a disability or are supporting a person with a disability, describe that experience and how the proposed rule would impact you and your family.
Submit a Comment Urging HUD to Withdraw the Proposed Rule
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