Take Action! Oppose HUD’s Elimination of Crucial Fair Housing Regulations; Comments Due February 13

By Renee Williams, NLIHC Senior Advisor for Public Policy and Kayla Blackwell, NLIHC Senior Housing Policy Analyst  

HUD has proposed eliminating the agency’s 2013 “Fair Housing Act” (FHA) disparate impact regulations via a Notice of Proposed Rulemaking (NPRM) published January 14 (see Memo, 1/20/26). This proposal continues the current administration’s efforts to eliminate the use of disparate impact theory across the federal government. 

NLIHC encourages members of the public to submit comments both opposing the elimination of HUD’s disparate impact regulations and urging HUD to fully enforce the “Fair Housing Act,” including through use of disparate impact. See below for a link to a template comment letter and additional resources. 

Brief Background 

The FHA prohibits housing discrimination based on race, color, national origin, sex, disability, familial status, and religion. There are different types of discrimination, including intentional discrimination (e.g., a landlord refuses to rent to a family because the household includes young children) and discrimination that has a disparate impact based on a protected characteristic such as race or sex (e.g., a local ordinance has an unjustified disproportionate effect on Black residents but does not explicitly mention race).  

While intentional discrimination is often easier to uncover, disparate impact helps identify discriminatory practices that are facially neutral. Discriminatory housing policies are not always overt; thus, disparate impact is an important tool to enforce fair housing protections. 

The U.S. Supreme Court decided in 2015 that the FHA allows for disparate impact claims. HUD rescinding the current disparate impact regulations cannot change the underlying law. However, HUD’s existing regulations promote a consistent understanding of how to analyze disparate impact claims and are worth keeping. 

Take Action 

NLIHC urges housing and civil rights advocates to submit comments via regulations.gov through 11:59 pm ET on February 13, 2026. HUD must read and account for comments in a published final rule.  

The most impactful comments are those that are customized and unique. This is the opportunity to make your voice heard and share how the disparate impact rule protects your community from housing discrimination! 

The National Fair Housing Alliance (NFHA) created a template letter for advocates to use in drafting their comments. The template also offers examples of how policies with a disparate impact may show up in your community. NLIHC has modified the template, including supplementing the discussion on the role of disparate impact in promoting access to affordable housing and suggesting ways to incorporate NLIHC’s research.  

Advocates are encouraged to use the template as a starting point for commenters to create a comment that best reflects their perspective. Find the template letter here.  

The Alliance for Housing Justice (AHJ) also created a petition open to individuals and organizations urging HUD to withdraw the disparate impact rule. The petition reiterates that the “Fair Housing Act” is still the law of the land, and HUD is still legally required to enforce fair housing law. Join the petition to urge HUD to “withdraw this rule, adequately staff the Department, and get serious about its legally mandated responsibility.” 

Download the template letter here. 

Find step-by-step instructions on how to submit comments on Regulations.gov here. 

Submit comments by February 13 at 11:59 pm ET here.  

Read and join the AHJ petition here.