Warren Leads Senate Democrats Calling on HUD to Withdraw Proposal to Rollback Housing Civil Rights Protections

Warren Leads Senate Democrats Calling on HUD to Withdraw Proposal to Rollback Housing Civil Rights Protections

"The Trump Administration's abdication of its fair housing enforcement responsibilities threaten to exacerbate discriminatory outcomes and entrench unfair pricing throughout the housing market."

Text of Letter (PDF)

Washington, D.C. - U.S. Senator Elizabeth Warren (D-Mass.), Ranking Member of the Senate Banking, Housing, and Urban Affairs Committee led 31 of her Senate Democratic colleagues in a comment letter to the Trump Administration opposing the rollback of a civil rights regulation implementing the disparate impact standard in housing, which prohibits policies and practices in housing, lending, and community development that have a discriminatory effect. The Senators describe how HUD's proposal rule will weaken enforcement of the Fair Housing Act, embolden systemic and covert housing discrimination, including through growing uses of property technologies powered by artificial intelligence, and ultimately increase housing costs in the midst of our nation's housing crisis.

The comment letter is signed by U.S. Senators Chuck Schumer (D-NY), Chris Van Hollen (D-MD), Lisa Blunt-Rochester (D-DE), Ed Markey (D-MA), Tim Kaine (D-VA), Jack Reed (D-VA), Adam Schiff (D-CA), Raphael Warnock (D-GA), Bernie Sanders (D-VT), Angela Alsobrooks (D-MD), Cory Booker (D-NJ), Andy Kim (D-NJ), Mazie Hirono (D-HI), Richard Blumenthal (D-CT), Catherine Cotez-Masto (D-NV), Tina Smith (D-MN), Alex Padilla (D-CA), Angus King (I-ME), Ron Wyden (D-OR), Kirsten Gillibrand (D-NY), Tammy Baldwin (D-WI), Dick Durbin (D-IL), Ruben Gallego (D-AZ), Jeff Merkley (D-OR), Peter Welch (D-VT), Patty Murray (D-WA), Brian Schatz (D-HI), John Fetterman (D-PA), Ben Ray Luján (D-NM), Christopher Coons (D-DE), and Michael Bennet (D-CO).

"We have serious concerns that HUD is more broadly abdicating its FHAct enforcement obligations, which will ultimately make housing less equitable, less affordable, and less accessible for generations to come. We call on HUD to withdraw its proposed rule and to recommit itself to enforcement of fair housing and civil rights laws for all," wrote the Senators.

"Disparate impact liability is well-established in the law, and has been reaffirmed since HUD's 2013 rulemaking," wrote the Senators. "Despite well-established precedent and the critical role disparate impact analysis plays in guaranteeing fair and equal access to housing across the country, the Administration released a proposed rule on January 14, 2026, that would gut the agency's disparate impact rule. This latest proposal abandons HUD's decades-long commitment to fighting housing discrimination-without any persuasive justification."

The Senators concluded: "Ultimately, this proposed rule will allow illegal, covert housing and lending discrimination to go unchecked, and raise housing costs for people and families across the country. HUD cites no persuasive reason for dismantling longstanding civil rights laws. We call on HUD to rescind its proposed rule and enforce the FHAct, as required under the law, including by investigating disparate impact cases which the agency has halted under this Administration."

The Senators called on HUD to rescind the proposed rule and enforce the Fair Housing Act.

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