Comments on HUD Disparate Impact Rule Changes and the Use of Algorithms

By: , , and

Executive Summary

In comments to the Department of Housing and Urban Development (HUD), NHeLP expresses strong opposition to the proposed rule change regarding “HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard” Notice of Proposed Rulemaking (NPRM).

The existing disparate impact rule efficiently and successfully serves the American public as a tool for challenging the structural inequalities that persist in housing and financial markets. Access to safe and affordable housing is important to health, but housing policy–including discriminatory housing practices—often negatively influence place-based inequities.

Instead of fulfilling the stated goal of the Fair Housing Act (FHA) to provide for fair housing, the proposed rule will create overwhelming obstacles for people who experience discrimination and then seek to enforce their rights based on a disparate impact claim.

Download Publication

 

Additional Resources

Preventing Harm from Automated Decision-Making Systems in MedicaidCommon

NHeLP AHRQ Comments

Demanding Ascertainable Standards: Medicaid as a Case Study

Q&A: Using Assessment Tools to Decide Medicaid Coverage

Ensuring that Assessment Tools are Available to Enrollees

Medicaid Assessments for Long-Term Supports & Services (LTSS)

Evaluating Functional Assessments for Older Adults

Opportunities for Public Comment on HCBS Assessment Tools – National Health Law Program

A Promise Unfulfilled: Automated Medicaid Eligibility Decisions

Cases

A.M.C v. Smith

Darjee v. Betlach

Hawkins v. Cohen

LS v. Delia

Related Content