Fair Housing
Use this section of our site to find case summaries and analyses of fair housing issues across the continuum of aging services.
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Featured Content
On Feb. 15, 2013, the U.S. Department of Housing and Urban Development (HUD) issued "Implementation of the Fair Housing Act’s Discriminatory Effects Standard," a regulation that codifies the standard for assessing "disparate impact" liability for practices in sales, rentals, or other housing-related activities. As a result, LeadingAge members could be found liable for discrimination under the Fair Housing Act "regardless of whether there was an intent to discriminate."On April 4, 2016, HUD's Office of General Counsel (OGC) issued a 10-page memo outlining how the 3-step process would be applied to criminal history policies used by housing providers to determine whether their criminal screening history reviews sufficiently consider such factors as type of crime and length of time since conviction, and whether any discriminatory effect caused by the practice is justified
As the White House seeks to encourage reentry of formerly incarcerated people into society, HUD issues new guidance telling subsidized housing providers that arrest records may not be the basis for denying admission, terminating assistance or evicting tenants.
The U.S. Department of Housing and Urban Development (HUD) released specific guidance on July 13 to help avoid discrimination of lesbian, gay, bisexual, and transgender (LGBT) Americans in multifamily insured and assisted housing.
The U.S. Department of Housing and Urban Development (HUD) announced the issuance of a major rule to affirmatively further fair housing. HUD has also taken the first steps to provide open data to grantees and the public on patterns of integration and segregation, racially and ethnically concentrated areas of poverty, disproportionate housing needs, and disparities in access to opportunity.
In a recent 5-4 decision, the U.S. Supreme Court held that disparate impact claims are cognizable under the Fair Housing Act (FHA). The Court, however, placed limitations on its application in practice that may give some comfort to wary providers.