Published February 13, 2026
On February 13, 2026, EPPC Scholars Rachel N. Morrison and Eric Kniffin submitted a public comment supporting the Department of Housing and Urban Development’s (HUD) proposed rule that would remove disparate impact regulations under the Fair Housing Act (FHA).
The FHA prohibits discrimination in housing-related activities on the basis of race, color, religion, sex, disability, familial status, or national origin. But under HUD’s current regulations, housing practices that merely affect one group, such as women or minorities, differently—without any evidence of an intent to discriminate—are prohibited.
In their comment, the scholars provide several independent reasons for eliminating such “disparate-impact” liability in FHA regulations:
- The plain text of the FHA does not authorize disparate-impact liability;
- Disparate-impact liability, because it encourages people to make race-conscious decisions, undermines the FHA’s purpose to prohibit discrimination;
- Disparate-impact liability is based on the fundamentally flawed premise that the FHA requires not just that landlords and lenders treat people equally but that they produce equitable outcomes;
- Disparate-impact liability raises serious constitutional concerns;
- Eliminating disparate-impact liability aligns with Trump administration priorities; and
- Eliminating disparate-impact liability provides many benefits.
The scholars urge HUD to finalize its proposed rule. Quoting President Trump, the scholars conclude: “Federal ‘civil-rights protections serve as a bedrock supporting equality of opportunity for all Americans.’ Treating people equally under the law, including the FHA, ‘is essential to creating opportunity, encouraging achievement, and sustaining the American Dream.’”
Other organizations submitting comments included:
Rachel N. Morrison is a Fellow at the Ethics and Public Policy Center, where she directs EPPC’s Administrative State Accountability Project, which advocates for an authentic understanding of the human person in the drafting, implementation, and rollback of government regulations.
