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

Close-up of "Apartment for rent" sign in red text on black background in front of blurred building

Trump Administration Could Effectively End Housing Voucher Program

Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.

April 21, 2025 - Housing Wire

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.

5 hours ago - Diana Ionescu

Ken Jennings stands in front of Snohomish County Community Transit bus.

Ken Jennings Launches Transit Web Series

The Jeopardy champ wants you to ride public transit.

April 20, 2025 - Streetsblog USA

Close-up of white panel at top of school bus with "100% electric" black text.

Driving Equity and Clean Air: California Invests in Greener School Transportation

California has awarded $500 million to fund 1,000 zero-emission school buses and chargers for educational agencies as part of its effort to reduce pollution, improve student health, and accelerate the transition to clean transportation.

2 hours ago - California Air Resources Board

Aerial view of Freeway Park cap park over I-5 interstate freeway in Seattle, Washington at night.

Congress Moves to End Reconnecting Communities and Related Grants

The House Transportation and Infrastructure Committee moved to rescind funding for the Neighborhood Equity and Access program, which funds highway removals, freeway caps, transit projects, pedestrian infrastructure, and more.

3 hours ago - Streetsblog USA

"No Thru Traffic - Open Streets Restaurants" sign in New York City during Covid-19 pandemic.

From Throughway to Public Space: Taking Back the American Street

How the Covid-19 pandemic taught us new ways to reclaim city streets from cars.

4 hours ago - Next City