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

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.

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