HUD Releases Final Rule Amending Standards Used to File Housing Discrimination Claims

The Department of Housing and Urban Development (HUD) released the final version of a proposal it originally issued for public comment in 2019, which would make it harder for people with disabilities to file housing discrimination claims. At the time, ANCOR joined with coalition partners to issue public comments opposing the proposal because we believed it would further disadvantage people with disabilities, who already face greater challenges obtaining housing than their peers without disabilities. The final version of the HUD disparate impact rule, as it is known, did not relieve the concerns expressed by the disability community. These are notably that the rule:

• Creates an undue burden on people with disabilities to prove discrimination occurred.
• Protects problematic policies even if lenders know that these policies exclude people of color or other groups protected by the Fair Housing Act – including people with disabilities.
• Creates confusion and uncertainty regarding housing rights.

Readers interested in learning more about this issue are encouraged to read this statement by the Consortium for Citizens with Disabilities’ (CCD) Housing Task Force, of which ANCOR is a member.