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by Causes | 10.17.19

What’s the story?

The U.S. Department of Housing and Urban Development has introduced a proposal to weaken the “disparate impact” rule, which prohibits policies that appear neutral but disproportionately impact minorities.
The public has until October 18th to comment here.

What’s being proposed?

The proposed rewrite to the 2013 law would require plaintiffs to establish that a policy is “arbitrary, artificial, and unnecessary” and prove a “robust causal link” between the practice and the disparate impact.
“Claims relying on statistical disparities must articulate how the statistical analysis used supports a claim of disparate impact by providing an appropriate comparison which shows that the policy is the actual cause of the disparity,” the proposal states.

What are people saying?

Critics

Marie Flannery, President and CEO of The Fair Housing Center, in Toledo, Ohio:

“It is imperative that we make our voices heard. The administration has been chipping away at our civil rights since January 2017. This latest attack, if successful, will gut an enforcement tool that has historically had a broad and profound impact on protecting the housing rights of all people, particularly vulnerable populations and communities of color.”

Rep. Maxine Waters (D-CA):

“Secretary Carson has proposed a rule that represents yet another egregious step by this Administration toward the dismantling of key civil rights protections in America. The proposed rule would make it substantially more difficult for victims of housing discrimination, including persons with disabilities, families with children, and racial minorities, to prove their case in a court of law and thereby hold bad actors accountable for their actions.”

Supporters

HUD Secretary Ben Carson:

“There is a lack of affordable housing in America today. This proposed rule is intended to increase legal clarity and promote the production and availability of housing in all areas while making sure every person is treated fairly under the law. As we have shown time and again, we will challenge any practice that discriminates against people that the law protects. At the end of the day, this rule not only increases Americans’ access to fair and affordable housing, but also permits businesses and local governments to make valid policy choices.\"

What do you think?

Do you support HUD’s rule change? Should HUD make it harder to bring housing discrimination lawsuits? Or will the proposed change “increase legal clarity and promote…availability of housing”? Take action and tell your reps, then share your thoughts below.

And be sure to leave your public comment here.

—Josh Herman

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