Deadline: 4:00 pm CT on Friday, February 13, 2026

Housing Action Illinois invites organizations across the state to sign on to a letter opposing HUD’s proposal to eliminate its Fair Housing Act disparate impact regulations.

HUD’s Notice of Proposed Rulemaking, published January 14, would eliminate critical enforcement regulations that help identify and address housing discrimination that is not be overt, but still causes harm, particularly to communities of color, people with disabilities, and families with children.

The Fair Housing Act (FHA) prohibits housing discrimination based on race, color, national origin, sex, disability, familial status, and religion.

There are different types of discrimination, including intentional discrimination (e.g., a landlord refuses to rent to a family because the household includes young children) and discrimination that has a disparate impact based on a protected characteristic such as race or sex (e.g., a local ordinance has an unjustified disproportionate effect on Black residents but does not explicitly mention race).

While intentional discrimination is often easier to uncover, disparate impact helps identify discriminatory practices that are facially neutral. Discriminatory housing policies are not always overt; thus, disparate impact is an important tool to enforce fair housing protections.

The U.S. Supreme Court decided in 2015 that the FHA allows for disparate impact claims. HUD rescinding the current disparate impact regulations cannot change the underlying law. However, HUD’s existing regulations promote a consistent understanding of how to analyze disparate impact claims and are worth keeping.

We urge HUD to fully enforce the Fair Housing Act, including through the use of disparate impact.

The deadline to add your organization’s name to our letter is 4:00 pm CT on Friday, February 13, 2026.

Please join us: add your organization to the letter »

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