NAR Letter to HUD Secretary Carson Regarding Implementation of Fair Housing Act Disparate Impact Standard

On July 13 NAR sent a letter to HUD Secretary Dr. Ben Carson. The letter thanks HUD (the Agency) for the October 2019 opportunity to comment on the the Agency's proposed rule to amend its interpretation of the Fair Housing Act’s disparate impact standard. The letter respectfully asks that HUD withdraw this rule. In October when comments were solicited, HUD described the rule as necessary to reflect how the Department would apply the Supreme Court’s 2015 ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. in disparate impact cases under the Fair Housing Act.

 

While there is debate among industry, government, and advocates as to whether additional clarity is needed with respect to disparate impact claims, there is broad consensus across the country that now is not the time to issue a regulation that could hinder further progress on addressing ongoing systemic racism in our country. 

 

The tragic killings of George Floyd and Breonna Taylor, among others, coupled with a pandemic that has taken a disproportionate toll on minority populations, have been painful reminders of the devastating impact of discrimination and segregation on racial minorities in nearly every facet of American life.