Regarding Docket No. FR-6111-P-02, HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard

Authors

Sonia Gipson Rankin, University of New Mexico - School of LawFollow
Alfred Mathewson, University of New Mexico - School of LawFollow
Melanie Moses, University of New Mexico
G. Matthew Fricke, University of New Mexico
Kathy Powers, University of New Mexico
Gabriel R. Sanchez, University of New Mexico
Christopher Moore, Santa Fe Institute
Elizabeth Bradley, Santa Fe Institute
Mirta Galesic, Santa Fe Institute
Joshua Garland, Santa Fe Institute

Document Type

Report

Publication Date

10-18-2019

Abstract

The is a Comment on the Department of Housing and Urban Development (HUD) Proposed Rule: FR-6111-P-02 HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard . This comment examines how algorithms in housing applications may be inherently biased against certain groups of people.

Their arguments against the proposed legislation:

1. To ensure that an algorithm does not have disparate impact, it is not enough to show that individual input factors are not “substitutes or close proxies” for protected characteristics.

2. It is impossible to audit an algorithm for bias without an adequate level of transparency or access to the algorithm.

3. Allowing defendants to deflect responsibility to proprietary third-party algorithms effectively destroys disparate impact liability.

4. The proposed regulation fails to take into account the cumulative impact of multiple users of algorithms that result in disparate impact on protected classes where no individual user has liability under the proposed regulation.

TO VIEW OR LEAVE COMMENTS VISIT THE FEDERAL REGISTER

Publication Title

Federal Register (Regulations.Gov)

First Page

7 pages

Keywords

Civil Rights, Fair Housing, Individuals with Disabilities, Mortgages, Reporting and Recordkeeping Requirements

Recommended Citation

Sonia Gipson Rankin, Alfred Mathewson, Melanie Moses, G. Matthew Fricke, Kathy Powers, Gabriel R. Sanchez, Christopher Moore, Elizabeth Bradley, Mirta Galesic & Joshua Garland, Regarding Docket No. FR-6111-P-02, HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard, Federal Register (Regulations.Gov) 7 pages (2019).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/771

Comments

Docket ID: HUD-2019-0067-2823