HUD proposed a new fair housing rule this past fall
that provides guidance on “quid pro quo” and hostile environment harassment. This
occurs when an individual in a protected class -relating to race, sex and
disability - is subjected to unwelcome demands as a condition of their housing
or when they are exposed to conduct that interferes with their ability to enjoy
However, the rule sets out standards for direct and indirect liability that would apply across HUD’s fair housing actions. As a result, NMHC/NAA joined other housing organizations in cautioning HUD against the proposal because it would expand liability beyond U.S. Supreme Court precedent in this area.
We emphasized that this could subject housing providers to increased liability for the wrongful acts of third-parties acting without the provider’s knowledge. In addition, we questioned the need for regulation in this area, urging the agency to develop guidance on other fair housing issues where there is uncertainty like disparate impact.
- NMHC and NAA Recognize Fair Housing Month
- NMHC and NAA Highlight the Apartment Industry’s Priorities Regarding Emotional Support Animals
- NMHC/NAA Meet with HUD to Discuss Program Improvements, REAC Update
- NMHC/NAA Makes Recommendations on Affirmatively Furthering Fair Housing Revisions
- 2018 Affirmatively Furthering Fair Housing Comment Letter