Attorney General Charity Clark has joined 23 other state attorneys general in submitting a comment letter to the U.S. Department of Housing and Urban Development (HUD) opposing a proposed rule change under the Fair Housing Act (FHA). The group argues that HUD’s proposal would eliminate liability for housing discrimination that occurs as a result of policies’ effects, even when there is no intent to discriminate.
In their letter, the coalition states: “Discrimination and segregation in housing persist in the country and disproportionately harm people of color, women, LGBTQ+ individuals, individuals with disabilities, and other historically marginalized groups.” They are urging HUD to maintain the current regulations to ensure equal opportunity in housing.
The attorneys general emphasize that discriminatory effects liability is an important tool for enforcing both federal and state fair housing laws. According to the coalition, this approach has been used to challenge neutral policies such as zoning ordinances, occupancy restrictions, no-pet rules, and English-only requirements that may have harmful effects on certain groups. These enforcement efforts aim to remove barriers related to race, ethnicity, sex, familial status, and disability.
The coalition also warns that removing these regulations would place additional burdens on state agencies tasked with informing residents about their rights and responsibilities. They caution it could also give a misleading impression that some forms of discrimination are now permissible under federal law.
The letter further asserts: “The proposed rule change would be unlawful because HUD failed to provide a justification for removing the longstanding regulations and because the existing rule accurately reflects federal law.” The attorneys general argue that the current regulation benefits the public by serving as a clear nationwide standard outlining prohibited conduct under the FHA and defining how discrimination claims should be assessed.
A copy of the comment letter can be found on Vermont Attorney General Charity Clark’s official website.
