Trump Administration Racism Now Expands To HUD As HUD Wants To Limit Fair Housing Complaints
Trump Administration racism is now kicking down the door at HUD. The administration wants to make it harder for people to sue lenders and landlords for housing discrimination. HUD has also become the last bastion for women and people of color to seek justice against landlords and lenders.
HUD to make it harder to prosecute lenders for housing discrimination under the Fair Housing Act.
Is this another example of Trump administration racism? The Trump administration has been rolling back an Obama-era practice of enforcing the Fair Housing Act.
Politico published a copy of the proposal. HUD proposes to revise the current three-step threshold for Fair Housing violations. The proposal would impose a specific, five-step approach. HUD proposes to require regulators to prove intentional discrimination on the lender’s behalf.
The proposal says:
Claims relying on statistical disparities must articulate how the statistical analysis used supports a claim of disparate impact by providing an appropriate comparison which shows that the policy is the actual cause of the disparity.
The proposal also revises the way HUD will weed out housing discrimination. HUD will begin employing the disparate impact rule. The disparate impact rule is a legal term defined by the use of statistics to hold businesses accountable for unintentional discrimination.
Plaintiffs would also have to show that the practice in question is “arbitrary, artificial and unnecessary” and that it adversely affects more than just one member of a protected class.
Importantly, they also have to show that the practice has a significant disparate impact. It also grants lenders greater room to defend themselves against claims. Thus, driving up the costs for the government to pursue lenders.
HUD said the proposal also updates its interpretation of disparate impact to better reflect a 2015 Supreme Court ruling that determined that liability.
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