HUD Rule Change Allows Landlords to Use Screening Services Despite Discrimination Concerns

A revised U.S. Department of Housing and Urban Development rule makes it more difficult to submit claims of housing discrimination when a landlord's decisions is influenced by a third-party tenant screening service.

1 minute read

October 1, 2020, 9:00 AM PDT

By Lee Flannery @leecflannery


HUD

Mark Van Scyoc / Shutterstock

The Department of Housing and Urban Development (HUD) changed rules regulating housing discrimination complaints to immunize landlords from discrimination charges, "if they use 'profit' as a reason for their decision-making, or if they use third-party systems to choose tenants," reports Lauren Kirchner. Among landlords, 90% use similar screening services to assess prospective tenants, according to The Markup and a New York Times investigative report.

The Trump administration's new HUD rule effectively dropping discrimination charges related to decision-making influenced by third-party screening services stirred dissent in fair housing proponents. "Even mortgage lenders and realtors eventually distanced themselves from HUD’s proposal—some of them invoking this summer’s seeds of a national reckoning over systematic racism in America," Kirchner says.

While HUD is loosening the rules for the use of algorithm-based screening systems, a groundbreaking Connecticut federal district court trial will decide whether CoreLogic, an algorithmic tenant screening services behind “CrimSAFE," is guilty of housing discrimination in violation of the federal Fair Housing Act. The case is likely the first lawsuit to target a screening company, rather than a landlord, for housing discrimination.

The algorithms behind CrimSAFE, "screens out Black and Latino applicants by relying on criminal records, and that it doesn’t give applicants the chance to explain their mitigating circumstances through more detailed, individualized assessments," explains Kirchner.

Thursday, September 24, 2020 in The Markup

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 16, 2025 - Diana Ionescu

Black and white photos of camp made up of small 'earthquake shacks' in Dolores Park in 1906 after the San Francisco earthquake.

The 120 Year Old Tiny Home Villages That Sheltered San Francisco’s Earthquake Refugees

More than a century ago, San Francisco mobilized to house thousands of residents displaced by the 1906 earthquake. Could their strategy offer a model for the present?

April 15, 2025 - Charles F. Bloszies

People walking up and down stairs in New York City subway station.

In Both Crashes and Crime, Public Transportation is Far Safer than Driving

Contrary to popular assumptions, public transportation has far lower crash and crime rates than automobile travel. For safer communities, improve and encourage transit travel.

April 18 - Scientific American

White public transit bus with bike on front bike rack in Nashville, Tennessee.

Report: Zoning Reforms Should Complement Nashville’s Ambitious Transit Plan

Without reform, restrictive zoning codes will limit the impact of the city’s planned transit expansion and could exclude some of the residents who depend on transit the most.

April 18 - Bloomberg CityLab

An engineer controlling a quality of water ,aerated activated sludge tank at a waste water treatment plant.

Judge Orders Release of Frozen IRA, IIJA Funding

The decision is a victory for environmental groups who charged that freezing funds for critical infrastructure and disaster response programs caused “real and irreparable harm” to communities.

April 18 - Smart Cities Dive