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FR-6111-A-01 Reconsideration of HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard

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National Association of Home Builders filings
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National Association of Home Builders filed 1 comment on this docket between Aug 21, 2018 and Aug 21, 2018. 106 other organizations filed here. The comment window closed 2899d ago.

What National Association of Home Builders filed (1)

Aug 21, 2018· Comment Submitted by Tom Ward, National Association of Home Builders· HUD-2018-0047-0474

On behalf of more than 140,000 members, the National Association of Home Builders (NAHB) submits the attached comments (PDF) on the Department of Housing and Urban Development (HUD) advance notice of proposed rulemaking (ANPR) regarding "Reconsideration of HUDs implementation of the Fair Housing Acts Disparate Impact Standard," published in the Federal Register on June 20, 2018. NAHB is a Washington, D.C.-based trade association that includes more than 700 affiliated state and local associations in all fifty states, the District of Columbia, and Puerto Rico. NAHBs membership includes, among others, those who design, construct, and supply single family homes, build and manage multi-family projects, and remodel existing homes. NAHB members are proud to construct over 80% of the units that provide shelter for this Nation's inhabitants. NAHB and its members work to provide safe and discrimination-free housing, and we broadly support measures that allow all individuals the opportunity to pursue their American Dream and seek the housing of their choice. NAHB is not concerned with the underlying validity of disparate impact under the FHA, but rather one specific issue with HUDs 2013 Implementation of the Fair Housing Acts Discriminatory Effects Standard Final Rule (Rule). The Rule is improper because it violates the constitutional principle of separation of powers; in fact, it is an attempt by HUD to dictate rules of judicial procedure and evidence to the judicial branch. Stated simply, Congress did not delegate authority to HUD to regulate judicial rules of procedure and evidence as HUD has done here. NAHB requests that HUD rescind the portions of the Rule that address judicial standards of review, rules of procedure, and evidence. HUD should then focus on a new rule that provides clarity on available defenses and safe harbors (i.e. legally sufficient justifications) afforded to housing authorities and private entities for providing much needed affordable housing.

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FR-6111-A-01 Reconsideration of HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard (HUD) — National Association of Home Builders | OpenPolis