HUD’s Proposed Rule Slams the Door on Critical Fair Housing Protection
Civil Rights Groups Oppose HUD Regulation Aimed at Eliminating its Disparate Impact Enforcement
Housing groups are calling on the U.S. Department of Housing and Urban Development to immediately withdraw its dangerous proposed rule that would dismantle one of the most important enforcement tools in the Fair Housing Act.
Lawyers for Civil Rights (LCR), the Boston Tenant Coalition (BTC), and The Boston Foundation (TBF) submitted a public comment strongly opposing HUD’s proposed rule that would eliminate the agency’s longstanding “disparate impact” regulation. This regulation allows individuals to challenge discriminatory housing policies, such as exclusionary zoning rules and overly-restrictive occupancy limits, that disproportionately harm low-income families and communities of color.
At a time when Massachusetts faces a deep housing affordability crisis and persistent racial disparities, HUD’s actions would leave residents experiencing this discrimination out in the cold and create systemic barriers to equitable housing across the Commonwealth.
“HUD has an obligation to fully and affirmatively enforce the Fair Housing Act,” said Jillian Lenson, Senior Attorney at LCR. “HUD cannot slam the door on a critical part of this responsibility and, in turn, deny the public a necessary tool for redressing housing discrimination.”
The groups’ public comment details the purpose of the Fair Housing Act, including a 2015 U.S. Supreme Court decision explicitly allowing for disparate impact claims. Despite that decision, HUD attempted a rollback of disparate impact in 2020 before LCR successfully sued the agency to prevent it from doing so. LCR is now again standing up against HUD’s illegal actions.
“HUD’s proposed rule ignores decades of legal precedent and HUD’s own mandate to affirmatively further fair housing,” said Brooke Simone, Staff Attorney at LCR. “Eliminating disparate impact liability will entrench segregation and inequity, and leave families to suffer.”
“Disparate impact is a critical part of fair housing enforcement. HUD’s decision will worsen existing housing inequalities and unfairly limit recourse for renters facing discrimination,” said Kathy Brown, Executive Director of the Boston Tenant Coalition.
“You cannot achieve fair housing in this country by silencing the voices of those treated most unfairly,” said Keith Mahoney, Vice President of Public Affairs at The Boston Foundation. “This proposed rule puts an unacceptable burden on the victims of housing discrimination and exclusionary zoning to take on legal fights in isolation instead of requiring the government to live up to its responsibilities.”
BTC, TBF, and LCR lead housing advocacy efforts in the Commonwealth. The Boston Tenant Coalition trains grassroots activists on rules and zoning processes for affirmatively furthering fair housing and leads the Coalition for a Truly Affordable Boston to address the city’s skyrocketing housing costs. The Boston Foundation seeks to close the gaps on the Greater Boston Region’s greatest disparities, including housing inequality. TBF works to open pathways to opportunity and build and sustain vital, prosperous, and equitable communities. LCR has pursued litigation and advocacy to uphold the MBTA Communities Act, as well as an ongoing class action lawsuit to protect residents of mobile home parks in Auburn, Massachusetts.
Lawyers for Civil Rights, Boston Tenant Coalition, and The Boston Foundation urge HUD to withdraw the proposed rule and uphold its obligation to protect housing rights for all.
The comments are available here: