delete PART 100—DISCRIMINATORY CONDUCT UNDER THE FAIR HOUSING ACT
HUD regulation implementing the Fair Housing Act, prohibiting discrimination in housing transactions based on race, color, religion, sex, handicap, familial status, or national origin. Covers sales, rentals, advertising, brokerage services, and mortgage lending. Establishes direct and vicarious liability, incorporates disparate impact theory (practices unlawful even without discriminatory intent), and contains limited exemptions for small landlords and religious organizations.
Imposes massive compliance costs ($billions annually) on the housing industry, violates fundamental property rights and freedom of association through the unpredictable disparate impact doctrine, federalizes quintessential local matters in violation of Tenth Amendment principles, creates regulatory chill that reduces housing supply and raises costs, and weaponizes civil rights law for frivolous litigation—all while market forces and state/local laws can more efficiently address any legitimate discrimination concerns without bureaucratic overreach.