First Focus on Children submitted the following comments expressing our strong opposition to a proposed rule that would repeal the Disparate Impact rule in the Fair Housing Act. Repealing the Disparate Impact rule would weaken vital protections against housing discrimination for families with children. The proposed rule was published in the Federal Register on August 19, 2019 (RIN 2529-AA98; HUD-2019-0067-0001). First Focus on Children is strongly opposed to HUD’s proposed changes and urges HUD to uphold its current interpretation of the Disparate Impact Rule.


The Fair Housing Act provides a critical tool for families with children who are facing housing discrimination. Even when affordable housing might be available in a community, families with children face barriers to accessing it based on their family status.

The existing Disparate Impact Rule affords vital housing protections for families with children and allows advocates to challenge unjust policies that harm families, such as overly restrictive occupancy requirements that disproportionately harm families with children. For example, if an apartment complex restricts occupancy to one person per bedroom, families with children could be barred from renting and forced to rent a more expensive multi-bedroom apartment or be homeless if they can’t afford a multi-bedroom apartment.”

Read our full comments here.