New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill AR49

Introduced
1/11/22  

Caption

Condemns US Department of Housing and Urban Development's proposed rule limiting applicability of Fair Housing Act's disparate impact standard.

Impact

The discussion surrounding AR49 highlights the potential consequences of implementing HUD's proposed changes. The legislators argue that the new rule would exacerbate existing inequalities by making it more challenging for individuals to prove claims of discrimination based on disparate impact. This is particularly alarming given that access to adequate housing serves as a crucial foundation for success in other areas, including education and economic stability. By raising the bar for claims of discrimination, the proposed rule might enable policies that perpetuate systemic biases.

Summary

Assembly Resolution No. 49 (AR49) serves as a formal condemnation of the United States Department of Housing and Urban Development's (HUD) proposed rule that limits the applicability of the disparate impact standard under the Fair Housing Act. This proposed rule has prompted concern among various legislators who believe it undermines the significant progress made in combating housing discrimination. The resolution emphasizes that the original intent of the Fair Housing Act, enacted in response to widespread racial discrimination in housing, was to create a more equitable housing market, and that changes to the existing standard would threaten this goal.

Conclusion

Ultimately, AR49 seeks to reaffirm the commitment of New Jersey's legislature to uphold the tenets of the Fair Housing Act and protect vulnerable populations from discrimination in housing. By formally condemning HUD's proposed rule, this resolution reflects a broader recognition of the ongoing challenges related to housing inequality and the necessity of maintaining robust protections against discrimination. As the resolution progresses, it sends a signal to both state and federal entities about the importance of equitable housing policies.

Contention

A critical point of contention in the debate over AR49 centers on the implications of weakening the disparate impact standard. Proponents of the resolution assert that reducing protections against housing discrimination will disproportionately harm marginalized communities, exacerbating barriers to housing access. They argue that HUD's new rules could allow discriminatory practices to flourish without accountability. Conversely, supporters of the proposed rule often argue it aims to provide clarity for housing providers and reduce frivolous claims; however, opponents of the rule feel its restrictions would unjustly benefit those who maintain systemic discrimination.

Companion Bills

No companion bills found.

Previously Filed As

NJ ACR67

Condemns federal rule proposal that would force families of mixed immigration status who reside in certain affordable housing to either separate or face eviction.

NJ ACR103

Condemns federal rule proposal that would force families of mixed immigration status who reside in certain affordable housing to either separate or face eviction.

NJ AB686

Housing discrimination: affirmatively further fair housing.

NJ HR337

Original Fair Housing Resolution of 2023

NJ A4841

Concerns housing discrimination based on source of lawful income.

NJ A5490

"Closing the Segregated Housing Loophole Act"; prohibits segregation in affordable housing inclusionary developments.

NJ SB00752

An Act Requiring A Study Of Connecticut's Housing Inventory And Current And Future Housing Needs.

NJ HR6

Condemning the judicial doctrine of "disparate impact".

NJ AB2662

Department of Fair Employment and Housing.

NJ HB05208

An Act Concerning Housing Opportunities For Justice-impacted Persons.

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