The ACLU submitted a public comment in opposition to the Department of Housing and Urban Development’s (HUD) proposed changes to the Disparate Impact Rule under the Fair Housing Act. The existing Disparate Impact Rule is crucial to the ongoing fight for equal access to housing in the United States. It serves the public by requiring housing providers, financial institutions, insurance companies, municipalities, and other major corporations to eliminate policies that appear neutral but disproportionately limit housing opportunities for vulnerable and marginalized communities. HUD’s proposed rule will substantially increase the burden of proof for victims of housing discrimination and erect unnecessary obstacles to proving disparate-impact claims against discriminatory housing policies and practices. The ACLU urges HUD to immediately withdraw its proposed rule that will weaken fair housing protections and fail to hold defendants accountable for discriminatory conduct.
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