LeadingAge to HUD: Retain Disparate Impact Regulations

In comments submitted February 13, 2026, LeadingAge urged the Department of Housing and Urban Development (HUD) to retain disparate impact regulations under the Fair Housing Act to ensure equal access to affordable and accessible housing for older adults.

The comments respond to HUD's January 14 proposed rule, which aims to revise and remove prior rulemaking that established unlawful housing discrimination as established by effect vs. intent, stating that the Fair Housing Act "guarantees equality of opportunity, not outcomes."

On April 23, 2025, the President issued Executive Order 14281, "Restoring Equality of Opportunity and Meritocracy." The Executive Order instructs all federal agencies, including the Department of Housing and Urban Development (HUD), to review existing regulations and rules that impose disparate impact liability and consider amendment or repeal of these regulations.

LeadingAge opposes HUD's proposed rule, warning that it would roll back longstanding disparate impact protections, defer critical Fair Housing Act interpretations to the courts, and weaken safeguards against discriminatory housing outcomes for older adults.

You can read our letter in our resource library here.