On August 20, MHP submitted a comment urging the U.S. Department of Housing and Urban Development (HUD) to continue robust enforcement of the disparate impact rule, an important mechanism to ensure the Fair Housing Act, which protects people of color, low-income people, disabled people and others from discriminatory housing practices, is fully enforced.
The disparate impact rule explains that housing practices that have a discriminatory effect are prohibited under the Fair Housing Act, even if there may not be evidence of discriminatory intent. The rule clarified a longstanding policy in fair housing enforcement, as HUD, the Department of Justice, and all circuit courts to consider the issues have determined that the Fair Housing Act prohibits policies and practices that have discriminatory effect.
In June, HUD announced it would consider changing the disparate impact rule, implemented by HUD in 2013, based on a 2015 U.S. Supreme Court decision, Texas Department of Housing and Community Affairs v. Inclusive Communities. Read more from the National Low Income Housing Coalition.
MHP’s participation as community engagement facilitator for the 2014 Twin Cities Regional Analysis of Impediments, summarized in this report on fair housing community engagement, reaffirmed through data and community stories that many facially neutral policies and practices have had a negative impact on families of color and other protected groups. Minnesota has some of the worst race-based housing disparities in the United States, particularly in homeownership. For that reason and more, MHP recommends that HUD continue to use all available tools, including the fair housing rule, to ensure the full and fair enforcement of the Fair Housing Act.
MHP also signed on in support of these comments submitted by the National Fair Housing Alliance.