Breaking News: Disparate Impact

September 2020 Update

HUD released its final Disparate Impact rule, which will make it eminently harder to challenge systemic racism by housing providers, financial institutions, and insurance companies that deprive people of the services and opportunities they need. Read NFHA’s full statement here.

July 2020 Update

Top mortgage lenders and industry leaders have come out urging HUD to reconsider its proposed disparate impact rule. Click here to read a joint press release that includes links to industry leaders’ letters to HUD and quotes from civil rights organizations.


In August 2019, HUD published a proposed rule that will drastically weaken the use of Disparate Impact theory in fair housing cases. Disparate Impact is a long-standing critical tool used to prevent housing discrimination. More than 45,000 comments were submitted opposing the administration’s proposal to dismantle Disparate Impact under the Fair Housing Act before the October 18, 2019 deadline. Click here to learn more about what’s happening, and get important resources and updates about our ongoing campaign to #DefendCivilRights.

News Articles

HUD defies calls to withdraw controversial fair housing proposal


Lenders Oppose Federal Effort to Weaken Housing-Discrimination Rule

Wall Street Journal

HUD raises the bar for bringing discrimination claims

The Washington Post

HUD proposes rule setting higher bar for housing discrimination claims


Why a fight over Trump’s housing policy matters to school segregation

Education Week

Trump wants to make it harder to claim housing discrimination

Rolling Stone

Trump proposal would raise bar for proving housing discrimination

The New York Times

A new Trump rule could weaken a civil rights era housing discrimination law


Op-Eds and Editorials

The latest front against civil rights

The New York Times

HUD’s new housing rule has an A.I. loophole that’s bad for America


HUD’s assault on fair lending

American Bankers

The effects of housing discrimination on health can reverberate for decades

The Hill

Who’s to Blame When Algorithms Discriminate?

The New York Times

Civil Rights Turned Topsy-Turvy

The New York Times

Here’s How Trump Is Making It Harder to Integrate Schools



HUD’s Proposed Rule Is a Direct Assault on the Supreme Court’s Decision in Inclusive Communities

Morgan Williams

How a Proposed Rule Would Make It Harder to Fight Housing Discrimination

Solomon Greene

The Trump Administration’s Assault on Fair Housing

Olatunde Johnson and Michelle Aronowitz

Understanding Disparate Impact

Alliance for Housing Justice

Enterprise Strongly Opposes Proposed Revision to Final Disparate Impact Rule


Why Trump’s Effort to Eliminate Disparate Impact Rules Is a Terrible Idea

Sarah Hinger, Staff Attorney, ACLU Racial Justice Program