HUD Proposes to Eliminate Agency’s Title VI Disparate Impact Regulations; 60-Day Public Comment Period Opens
Aug 10, 2026
By Renee Williams, NLIHC Senior Advisor for Public Policy
Earlier today, August 10, HUD proposed to eliminate the agency’s longstanding disparate impact regulations that implement Title VI of the “Civil Rights Act of 1964.” Title VI prohibits discrimination on the basis of race, color, and national origin toward recipients of federal financial assistance, including federally assisted housing. The proposal initiates a 60-day public comment period, concluding October 9, 2026, at 11:59 pm ET.
Disparate impact is a long-utilized legal tool used to address discrimination that may not be immediately obvious due to facially neutral policies. The currently proposed changes represent the latest push to erase civil rights protections from HUD regulations.
HUD is proposing these changes under a “Supplemental Notice of Proposed Rulemaking.” According to HUD, this supplemental notice “reopens” the prior 2026 comment period regarding the agency’s proposed removal of “Fair Housing Act” disparate impact regulations (see Memo, 1/20). For that earlier 2026 comment period, HUD only afforded 30 days for public comment, despite existing HUD regulations stating a clear 60-day comment period policy for notices of proposed rulemaking. In February 2026, NLIHC submitted comments strongly opposing removal of HUD’s Fair Housing Act disparate impact regulations (see Memo, 2/23).
No further changes are being proposed to the Fair Housing Act portions of HUD regulations in the August 10 proposal. Per the proposal, new comments received during the current comment period “will only be considered if they concern changes proposed in this supplemental notice of proposed rulemaking.” This implies that only comments regarding the Title VI regulatory changes would be considered, despite the apparent consolidation with the existing Fair Housing Act disparate impact rulemaking.
Please monitor future issues of Memo for any future information about this rulemaking.
Review HUD’s Title VI proposal here.
For more detailed background regarding disparate impact, please refer to Chapter 8 of the 2026 Advocates’ Guide.