The National Fair Housing Alliance on Nationwide Preliminary Injunction Blocking HUD’s New Disparate Impact Rule

Washington, D.C. — Today, Lisa Rice, CEO of the National Fair Housing Alliance, released the following statement on an order from the U.S. District Court for the District of Massachusetts, which enjoined the U.S. Department of Housing and Urban Development from implementing its Final Rule on Disparate Impact.

Read the decision (PDF format).

“We applaud the decision by the federal court to halt HUD’s implementation of its Final Rule on Disparate Impact. The Rule, which was to take effect today, would have made it exceedingly difficult for victims of discrimination to fight systemic racism and discriminatory policies by housing providers, financial institutions and insurance companies. This decision ensures people can continue relying on the Fair Housing Act to protect them from discrimination.

“We commend the efforts of the Massachusetts Fair Housing Center, Housing Works, Inc. and their counsel, Lawyers for Civil Rights and Anderson & Kreiger, LLP, in achieving this important victory

“NFHA and its members have worked for over a year to keep HUD from weakening this critical fair housing protection. When HUD proposed to rewrite the 2013 disparate impact rule adopted by the Obama administration, which incorporated a longstanding standard to redress structural barriers to housing opportunity, over 45,000 comments were submitted in response. HUD’s new Final Rule represents yet another example of the Trump administration’s racist policies and continued attacks on civil rights.

“After HUD adopted the Final Rule last month, NFHA filed one of the three federal lawsuits challenging it. Preserving the disparate impact tool is vital for protecting the rights of women, people of color, families with children, survivors of domestic violence and sexual harassment, and people with disabilities. We continue to oppose its implementation and will continue to fight for fair housing rights for all.”

National Fair Housing Alliance Challenges Harmful Trump Administration Reversal of Fair Housing Rule

Lawsuit to Fight Ruthless Rollback of Equal Housing Protections

Washington, D.C. — Today, the National Fair Housing Alliance (NFHA), the NAACP Legal Defense and Educational Fund, Inc. (LDF), Fair Housing Advocates of Northern California, and BLDS, LLC filed a federal lawsuit to challenge the U.S. Department of Housing and Urban Development’s (HUD) recent reversal of long standing fair housing protections. The suit challenges HUD’s new “disparate impact” rule, which will make it exceedingly hard for victims of discrimination to fight against systemic racism and discriminatory policies by housing providers, financial institutions, and insurance companies that deprive people of the opportunities and services they need.

Read the complaint (PDF format).

The Trump administration rewrote the 2013 “disparate impact” rule adopted by the Obama administration, which included the well-accepted, standard approach to claims using this civil rights enforcement tool. It has been in place for almost 50 years to tackle structural barriers that unfairly lock people out of the housing and lending opportunities they deserve. The new rule is the latest attempt by the Trump administration to strip away protections for vulnerable communities. Its harmful action comes as the nation faces the COVID-19 pandemic and its ensuing economic fallout, and as we confront structural inequality and racial disparities that pervade every aspect of society.

“We will not let the Trump administration get away with its disastrous decision to strip civil rights protections from people who need it most,” stated Lisa Rice, president and CEO of the National Fair Housing Alliance (NFHA). “The disparate impact tool is critical for challenging systemic barriers that block too many people from the housing and lending opportunities they deserve. It is also essential for tackling bias in the technologies used to determine who can rent an apartment, get a mortgage loan, or insure a home. This new rule goes back on everything the Fair Housing Act was created to address. NFHA is going to use every option we have to fight this rule and defend women, people with disabilities, survivors of domestic violence, people of color, families with children and others who should not have to endure any form of housing discrimination.”

“HUD’s decision last month to upend the longstanding disparate impact rule is the latest attempt by the Trump administration to undermine decades of progress toward making our country more equal,” said Sherrilyn Ifill, President and Director-Counsel of the NAACP Legal Defense and Educational Fund, Inc. (LDF). “With this lawsuit, LDF seeks to stop the explicit effort by this president to revive and reinforce practices that promote racial segregation and to strip the Fair Housing Act of its power. The conservative movement to weaken the Fair Housing Act was rejected by the Supreme Court in 2015. The Trump administration now cynically seeks to use that decision to justify its effort to do by agency rulemaking what it could not convince a majority of the court to do.”

“Fair housing doesn't happen by itself, which is why we cannot weaken tools to fight racism,” stated Kristina Adamski, Zillow Vice President of Communications and Public Affairs. “It's critical that the disparate impact rule provide a clear basis to combat housing discrimination, and avoid unduly burdening victims of housing discrimination. At Zillow, we believe everyone deserves a home they love. This belief drives us every day to provide consumers with information and products to find an affordable, quality home. Weakening the disparate impact rule undercuts that goal. We applaud the National Fair Housing Alliance and its allies for taking action to protect this essential tool in our shared fight against housing discrimination."

“For nearly fifty years, disparate impact law has made the promise of the Fair Housing Act a reality for millions of Americans,” said John Relman, Founder and Managing Partner of Relman Colfax. “It has helped reduce inequalities that unfairly disadvantage people of color by requiring industry and government to search for less discriminatory alternatives to rules, policies and practices that perpetuate our nation’s legacy of structural racism. HUD’s new rule eviscerates disparate impact law as we know it, without justification or purpose. If the rule is permitted to proceed, it will undo decades of civil rights progress in communities across the country. This lawsuit seeks to enjoin HUD from implementing its unlawful new rule. We must protect the hard won gains of the civil rights movement and the rights of our clients and client communities.”

“More than 50 years after passage of the Fair Housing Act, and more than five years after the Supreme Court confirmed the longstanding view that the Act bars both intentional discrimination and policies that have an unnecessarily discriminatory effect, this administration is attempting to use rulemaking to turn back the clock,” stated Allison Zieve director of Public Citizen Litigation Group and co-counsel in the case. “The job of HUD is to enforce the law, not to undermine it. Through this lawsuit, we seek to establish that HUD has exceeded its authority and acted in an arbitrary and capricious manner.”

“We are deeply disappointed in HUD’s final Disparate Impact Rule and its radical revision of the previous 2013 rule,” said Caroline Peattie, Executive Director of Fair Housing Advocates of Northern California. “Our agency will be hobbled in its effort to assist clients who desperately need our help — families with children who are faced with eviction or are barred from accessing housing because of restrictive occupancy or other discriminatory rules, domestic violence survivors facing eviction due to unfair policies that disproportionately affect women, people of color who are negatively impacted by restrictive housing policies barring people with criminal histories, and others. It will have a chilling effect on the willingness of our already vulnerable clients to come forward with a housing discrimination complaint when the burden of proving discrimination exists now appears insurmountable. In short, this is a rule that should not stand.”

The lawsuit filed by NFHA, LDF, Fair Housing Advocates of Northern California, and BLDS, LLC asserts the Trump administration acted improperly in implementing the final “disparate impact rule.” It alleges that HUD violated the Administrative Procedures Act by taking final agency action that is arbitrary and capricious, is in excess of statutory authority, and is not in accordance with law. Among other allegations, the complaint alleges that the final rule is not a product of reasoned decision-making and will undermine the purposes of the Fair Housing Act. The complaint also alleges that HUD failed to respond adequately to the public comments submitted in response to the proposed rule.

Millions of people will be negatively affected if the disparate impact tool is lost. We will continue our efforts to preserve this vital civil rights tool and use every weapon in our arsenal to defend it. Visit DefendCivilRights.org to learn more and find out how you can speak out against this devastating attack on civil rights.

Fall 2020 newsletter now available

Download our Fall newsletter! The latest edition of the Miami Valley Fair Housing Center’s newsletter is now available to download.

The newsletter has information about the National Fair Housing Alliance Signs Agreement with LGBTQ+ Real Estate Alliance To Focus Attention on Impact of Housing Discrimination on the LGBTQ Community, how to Help for residents that want to learn English and who need interpretive services.

To receive new editions of the newsletter via e-mail, become a MVFHC member.

Lawsuit alleging disability bias at Carillon House settled

September 2, 2020 — The Miami Valley Fair Housing Center (MVFHC) has settled a federal lawsuit alleging that The Carillon House Association, Inc. — which owns and operates The Carillon House, a high-rise residential community of condominiums located at 2230 S. Patterson Blvd., Dayton OH, 45409 — published and distributed notices and statements indicating a limitation and discrimination based on disability.

You can read a narrative explaining the timeline of the case and also see the documents supporting the narrative by going to www.mvfairhousing.com/carillonhouse.

The Carillon House is not associated in any way with Carillon Historical Park.

Miami Valley Fair Housing Center supports BLACK LIVES MATTER

June 8, 2020 — Two weeks ago today, George Floyd, a 46 year old Black man was murdered in Minneapolis, Minnesota, by Derek Chauvin, a white now former police officer, knelt on his neck for almost nine minutes while Floyd was lying face down handcuffed on the street. Mr. Floyd’s murder is just the latest in a long list of Black people killed at the hands of police. In the past few weeks alone, others killed include Breonna Taylor, Sean Reed, and Tony McDade. Theirs are unacceptable and senseless deaths.

“No White person should feign surprise at the justified unrest that continues across the country. Instead, White people must acknowledge the culture of white supremacy that built this country, and the White privilege perpetuated by our collective willingness to deny the inhumanity of the violence that is and has been occurring against people of color for centuries,” said Jim McCarthy, President/CEO.

It is past time to take a stand, speak out, and demand change. The Miami Valley Fair Housing Center abhors racism in any form, as well as the violent response from police against protesters who have taken to the streets to proclaim righteously that BLACK LIVES MATTER.

“The events surrounding the horrific death of George Floyd and the countless other Black men and women deaths at the hands of law enforcement have shaken America and communities around the world. These killings are an inflection point where we must be intentional about change. Change means with one another and calling out racism in our everyday lives, businesses and in our politics,” said Ronald Jackson, Chair of the Board of Directors of the Miami Valley Fair Housing Center.

“However, if we are to achieve real, sustained change, White America must have meaningful conversations with their families, children, colleagues, and friends and say ENOUGH is ENOUGH. Contributions by Blacks in America must be treated with dignity, respect and given the recognition those contributions deserves. Then and only then can true healing take place,” Mr. Jackson continued.

The Miami Valley Fair Housing Center proudly stands with the peaceful protesters who are marching to demand the dismantling of the systemic inequality plaguing our country and replace it with structures that ensure fairness and equity for every person. Residential segregation is the bedrock of the inequalities we see. Only seven days after the assassination of Dr. Martin Luther King, Jr. in 1968, Congress passed The Fair Housing Act. Congress intended to ban housing discrimination and dismantle segregation. However, the promises of the Fair Housing Act have not yet been realized because our governments from federal to local have been eager to do only the bare minimum to enforce the law over the past 52 years, which has enabled residential segregation to worsen.

In 2020, Black Americans are more likely to live in neighborhoods in which they lack access to good schools, clean environments, living wage jobs, quality credit, transit, healthy food options, healthcare, and opportunities to build wealth. Black people disproportionately live in spaces that are under-resourced and toxic. These challenges manifest in real harm and pain for people — higher rates of infection and mortality from COVID-19, lower net worth, lower life expectancy, and an inability to give children the best education possible, feed families, and be stably housed. With all of it compounded by bias—overt and implicit—that Black Americans often experience at the hands of real estate agents, lenders, law enforcement, health professionals, and some co-workers and friends.

There is hard work ahead of us all. It will be complicated, frustrating, and demoralizing. However, the Fair Housing Center will be there for the work. We stand in solidarity with every individual and group working toward a nation in which everyone has both the opportunity and ability to live in a safe, healthy, well-resourced, resilient neighborhood free from discrimination where BLACK LIVES MATTER.

Are you being threatened with an eviction during the current COVID-19 crisis?

If you are facing eviction or housing discrimination during the COVID-19 crisis, you can find information and resources by visiting mvcovid19eviction.com.

Important news from the Fair Housing Center

The Miami Valley Fair Housing Center is committed to the health and safety of our clients, our staff, and our community.

Given the evolving situation with COVID-19, we have decided to take appropriate measures to reduce risks associated with the transmission by making changes to how we deliver services to our community.

The Miami Valley Fair Housing Center’s office will be CLOSED to walk-ins and classes will be postponed beginning Monday, March 16, 2020, until further notice.

Instead, the Fair Housing Center staff will be operating via phone, email, and video conference during our usual hours, 9:00 am – 5:00 pm EDT.

We apologize for this inconvenience, but we must do our part to prevent the spread of the virus in our community, while at the same time doing everything we can to keep our services available and operational remotely.

If you have any questions, please call us at 937-223-6035 OR by emailing info@mvfairhousing.com.

We will share further updates as they become available. Thank you and be well.

Previous news items are available here.