Feb 12 HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard

February 12^th, 2026

Regulations Division 
Office of the General Counsel 
U.S. Department of Housing and Urban Development 
451 Seventh Street SW, Room 10276 
Washington, DC 20410-0500 

Re: HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard Docket No. FR–6540–P–01; RIN 2529–AB09

Dear Assistant Secretary Trainor,

On behalf of the Marin County Board of Supervisors, we submit this letter to express opposition to HUD’s proposed removal of the Fair Housing Act’s discriminatory effects regulations. Marin County is committed to affirmatively furthering fair housing and ensuring that residents have access to stable housing free from unlawful discrimination. We are concerned that the proposed rule would reduce clarity in federal fair housing standards and complicate the ability of local governments to evaluate housing policies in a consistent and predictable regulatory environment.

Marin is a high-cost housing market where lower-income households face significant barriers to securing and maintaining housing. These pressures affect multiple protected populations, including families with children and pregnant individuals protected under familial status provisions, older adults living on fixed incomes, individuals with disabilities seeking accessible housing, communities of color that continue to experience unequal access to housing opportunity, and survivors of domestic violence. Fair housing enforcement frameworks that account for the real-world effects of policy decisions are important tools for identifying and addressing unintended barriers affecting these groups.

The proposed rule would remove HUD’s regulatory framework explaining how discriminatory effects under the Fair Housing Act are analyzed and enforced. For jurisdictions working to expand housing access while complying with federal fair housing requirements, clear and stable guidance is essential. Local governments rely on consistent federal standards when designing housing programs, evaluating tenant screening practices, and distributing housing across neighborhoods. The absence of this guidance hurts our ability to increase housing supply and meet established fair housing obligations.

In Marin, the relevance of disparate impact analysis arises in routine housing administration and program design. Housing policies can affect populations differently even when written in neutral terms. For example:

• Occupancy standards may have implications for households with children or pregnant residents protected under familial status provisions.
• Eviction and nuisance policies can intersect with situations involving survivors of domestic violence.
• Credit and background screening criteria can influence access for lower-income renters and residents with limited financial history.
• Accessibility standards ensure individuals with disabilities can obtain appropriate housing.
• A competitive housing market continues to result in uneven access to high-resource neighborhoods across racial and economic groups.

The County of Marin’s adopted Housing Element and Legislative Platform affirms our commitment to affirmatively further fair housing by expanding access to opportunity, promoting geographically equitable housing development, and removing barriers that perpetuate unequal access. The Housing Element recognizes the importance of placing affordable housing in high-resource areas and ensuring that housing policies do not shift disproportionate burdens onto underserved communities. A clear disparate impact framework supports local governments in evaluating whether housing systems unintentionally reinforce patterns of exclusion. Removing HUD’s regulatory guidance weakens a tool that assists jurisdictions in implementing federally recognized fair housing responsibilities.

Local governments have a strong interest in predictable and transparent federal enforcement standards. Without clear regulatory guidance, public agencies must rely more heavily on litigation and evolving court interpretations to determine compliance expectations. This increases administrative costs and uncertainty for jurisdictions attempting to act in good faith. Rather than simplifying regulatory burdens, the proposed rule risks complicating the work of communities striving to expand housing opportunity while maintaining compliance with fair housing law.

For these reasons, Marin County urges HUD to retain its discriminatory effects regulations and continue providing consistent federal guidance that supports local efforts to affirmatively further fair housing. Clear standards help jurisdictions evaluate housing policy responsibly, protect access across protected classes, and maintain public confidence in fair housing enforcement.

Thank you for the opportunity to comment.

Sincerely,

Eric Lucan
President of the Board of Supervisors

cc:        Marin County Board of Supervisors
Congressman Jared Huffman
Senator Alex Padilla
Senator Adam Schiff