February 17, 2026
NARPM® has submitted formal comments to HUD regarding its proposed rule, “HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard” (Docket No. FR‑6540‑P‑01). HUD’s proposal, published January 14, 2026, would remove the federal disparate‑impact regulation and leave interpretation entirely to the courts.
NARPM® emphasized that its members are committed to fair housing but need clear, stable regulatory guidance to ensure compliance. The organization noted that withdrawing the regulation without a replacement framework would create significant uncertainty for housing providers, especially in areas like tenant screening where neutral practices can have unintended effects.
NARPM®’s comments highlighted the value of the prior 2020 disparate‑impact rule, which provided predictable standards and structured defenses. Eliminating these guidelines without substitutes could lead to fragmented, inconsistent expectations across jurisdictions.
NARPM® urged HUD to:
- Implement a replacement framework if rescinding the rule
- Maintain clear pleading and evidentiary standards
- Support educational, good‑faith compliance approaches
- Provide additional guidance on screening, criminal‑history policies, and AI‑driven tools
NARPM® remains committed to working with HUD to ensure clarity, fairness, and consistent fair housing compliance nationwide.
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