The NAR requests that The HUD withdraw its amended proposal of the Fair Housing Act’s disparate impact standard as deeply rooted systemic discrimination has the potential to result in tons of unintentional inequity claims.
The Department of Housing and Urban Development (HUD) received a request yesterday from The National Association of Realtors (NAR) asking them to withdraw its recent proposal amending the “Disparate Impact” rule.
NAR believes that while the proposal is a needed and welcomed change, written in August 2019 to amend the HUD’s interpretation of the Fair Housing Act’s disparate impact standards meant to close a segregational gap, (highly-segregated neighborhoods, unfair treatment for people of color, credit inequality, etc.), the proposal creates separation instead of unity between U.S citizens and the NAR, it’s businesses and Realtors, by implementing rules that allow for an overwhelming amount of disparate impact claims.
In support of the August proposal, HUD’s secretary Ben Carson stated, “There is a lack of affordable housing in America today. This proposed rule is intended to increase legal clarity and promote the production and availability of housing in all areas while making sure every person is treated fairly under the law.”
The change to the Disparate Act opens the door for more claims reporting unequal treatment and/or discrimination intentionally. The theory here is not that deeply rooted systemic oppression can be stopped, but that maybe the easier accessibility to submit a claim will force Realtors to make lawfully supported decisions based on industry standards instead of opinions, ultimately holding Realtors who ignore ethical guidelines accountable.
Without the organization receiving the necessary tools and education required to make an impactful change, it will likely result in an overwhelming amount of unintentional discrimination claims. It is also important that the NAR holds the ability to protect its Realtors, their liberty, and rights to a free real estate market.
While it might seem ridiculous of them to ask the HUD to work collaboratively on the Disparate Act in order to provide equal housing, and fair treatment and support of both the NAR and U.S citizens, it’s a necessary business move on behalf of the NAR.