On April 1, 2024, the Department of Housing and Urban Development (HUD) published a final rule on Expanding the Fair Housing Testing Pool for FHIP and FHAP Funded Entities.
This document is a final rule issued by the Department of Housing and Urban Development (HUD) regarding using fair housing testers with criminal convictions. The rule eliminates certain restrictions and responds to the need for a diverse group of testers with actual criminal convictions to fully investigate potentially discriminatory criminal background screening policies under federal civil rights laws.
The document provides background information on the Fair Housing Act, which prohibits discrimination in housing based on various protected characteristics. It explains that FHIP and FHAP were established to fund fair housing enforcement activities by government agencies and private non-profits. Testing is a key tool these entities use to investigate potential violations of the Fair Housing Act. The document also discusses the current regulatory landscape, which includes restrictions on using testers with criminal convictions.
The proposed rule was issued in response to a directive from HUD Secretary Marcia Fudge to review HUD programs and remove barriers that prevent individuals with criminal histories from participating. The proposed rule received public comments, both in support and opposition. Supporters of the rule argued that it would expand opportunities for individuals with criminal convictions, promote equity and civil rights, and improve fair housing testing. Opponents expressed concerns about the credibility and safety of testers with criminal convictions.
After carefully considering public comments, HUD has finalized the rule to remove the restrictions on testers with criminal convictions. This rule is expected not only to strengthen fair housing enforcement efforts but also provide employment opportunities and promote equity and inclusion for individuals with criminal conviction
The document also addresses other issues, such as the impact on small entities, federalism considerations, environmental impact, and compliance with the Unfunded Mandates Reform Act. It concludes with the amendments to the relevant parts of the Code of Federal Regulations.
In summary, this document announces a final rule issued by HUD to remove restrictions on using fair housing testers with criminal convictions. The rule promotes equity, inclusion, and effective fair housing enforcement. It is based on public comments and considerations of various factors and amends the relevant regulations to reflect the changes. The final rule takes effect in May 2024.