The U.S. Department of Housing and Urban Development (HUD) has released two new documents that signal a major change in how the agency will enforce the Fair Housing Act. The memoranda (“Fair Housing Act Enforcement and Prioritization of Resources” and “Notice of the Withdrawal of FHEO Guidance Documents”) withdraw several earlier HUD guidance statements and outline a narrower, case-by-case approach to investigations.
Under the new policy, HUD will focus its resources on intentional and systemic discrimination rather than on broad theories of “disparate impact.” The agency has also rescinded prior guidance on issues such as criminal background checks, limited English proficiency (LEP), and harassment. These changes appear to give housing providers more discretion when applying screening criteria or managing communications, while still prohibiting clear violations of the Fair Housing Act.
That said, the new HUD guidance is complex and not yet fully clear in its practical effect. Attorneys, community associations, and housing providers are still evaluating what these changes will mean in day-to-day compliance and enforcement. Because the new approach replaces several long-standing policies, it’s best to read the actual HUD documents and Fair Housing Act provisions directly (links below).
Notice of the Withdrawal of FHEO Guidance Documents
Fair Housing Act Enforcement and Prioritization of Resources