Federal Department of Housing and Urban Development ("HUD") enforcement changes

Federal Department of Housing and Urban Development ("HUD") enforcement changes

The federal Department of Housing and Urban Development (“HUD”) recently released two documents regarding how HUD will enforce the federal fair housing laws, including withdrawal of a prior-adopted guidance memo relating to to assistance animals.

The memoranda are titled “Fair Housing Act Enforcement and Prioritization of Resources” and "Notice of the Withdrawal of FHEO Guidance Documents." These documents explicitly withdraw earlier HUD guidance statements and, more generally, set forth a narrower approach to fair housing investigations. Of import to community associations, the notice expressly withdraws FHEO 2020-01, which set forth guidelines on how housing providers should assess a person’s request for having an assistance animal as a reasonable accommodation.

The memoranda also signal HUD’s intention to focus enforcement of fair housing laws on situations with intentional discrimination, rather than ancillary situations, such as the “disparate impact” of a policy.

The impact of these changes on community associations is not yet clear, with the memoranda only indicating that new guidance “will be issued when necessary and appropriate.” Associations and managers should remain mindful that HUD’s approach to enforcement of fair housing laws appears to be shifting under the new administration, thus making it important to stay abreast of developments like these.