South Florida Attorneys Weigh in on Planned Fair Housing Rule Change

Housing Opportunities Project for Excellence Inc. CEO and president Keenya Robertson, and Joe Hernandez of Weiss Serota Helfman Cole & Bierman. Courtesy photos

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The Trump administration wants to make it harder for minorities and other protected classes to claim housing discrimination under the Fair Housing Act’s disparate impact rule, prompting mixed reactions in South Florida real estate circles.

A Miami housing attorney said this would gut protections against discrimination and potentially bar claims altogether. But a Coral Gables attorney said this merely balances protection for residents as well as landlords who imposed legitimate, nondiscriminatory policies intended to maintain safe, well-run communities.

The U.S. Department of Housing and Urban Development on Monday published a 35-page plan to change the Fair Housing Act standard. Stakeholders can weight in by Oct. 18 before the change could be implemented.