House Financial Services Committee Chair Maxine Waters (D-CA) and committee Democrats sent a letter to HUD Secretary Ben Carson on November 22, expressing their concerns with the agency’s proposed changes to the Disparate Impact Rule (see Memo, 8/19). The representatives urge Secretary Carson to rescind this proposal that would “silence victims of housing discrimination while protecting industry profits and shielding bad actors from accountability.”
The Disparate Impact rule codified a longstanding tool for identifying and remedying housing discrimination under the Fair Housing Act. The administration’s proposed changes to the rule would make it far more difficult for people experiencing various forms of discrimination to challenge the practices of businesses, governments, and other large entities. As proposed, the current three-part “burden shifting” standard to show disparate impact would be radically changed to a five-component set of tests placing virtually all of the burden on people in “protected classes” as defined by the Fair Housing Act – people of color, women, immigrants, families with children, people with disabilities, LGBTQ persons, and people of faith – who challenge discriminatory practices.
“We remind you that HUD’s mission includes building ‘inclusive and sustainable communities free from discrimination’,” the representatives write. “HUD’s ability to carry out this mission will be seriously compromised if it moves forward with this proposed rule.”
Read the letter at: https://tinyurl.com/rcrgha9