AFSA Sends Letter to HUD Regarding Fair Housing Act
AFSA wrote to the Department of Housing and Urban Development (HUD) on August 24 regarding its proposed rule amending its interpretation of the Fair Housing Act’s disparate impact standard.
AFSA’s letter emphasized that that the association and its members abhor discrimination. “Illegal discrimination has no place in this country, and we strongly support its prohibitions under the Fair Housing Act,” AFSA wrote.
“This letter merely seeks that HUD conform any disparate impact rule to applicable Supreme Court precedent,” AFSA explained. HUD’s proposal to return to its 2013 implementation of the Fair Housing Act’s discriminatory effects standard ignores the Supreme Court’s subsequent landmark 2015 decision in Texas Department of Community Affairs v. Inclusive Communities Project, Inc. Of course, this is because the 2013 rule predates the decision. But now that the opinion is in place, AFSA believes that any rule promulgated by HUD on this topic should conform to the Supreme Court’s decision.
August 26th, 2021
