HUD Issues Fair Housing Act Guidance on Applications of Artificial Intelligence
The Department recommends best practices to prevent discriminatory use of artificial intelligence in tenant screening and advertising for housing and housing-related services.
Washington – Today, the U.S. Department of Housing and Urban Development (HUD) issued two pieces of guidance addressing two areas where the use of artificial intelligence raises particular concerns: the application of the Fair Housing Act to the tenant screening process and its application to advertising. Published a document. We offer housing opportunities through online platforms that use targeted advertising. Today's announcement is in line with President Joe Biden's executive order providing guidance to combat discrimination enabled by automated and algorithmic tools used to determine access to housing and other real estate transactions. I asked HUD to do so.
“Under this Administration, HUD is committed to fully enforcing the Fair Housing Act and eradicating all forms of discrimination in housing.” said HUD Acting Secretary Adrian Todman. “Today, we are announcing new guidance to ensure that private sector partners who utilize artificial intelligence and algorithms are aware of how fair housing laws apply to these practices. .”
“The Fair Housing Act prohibits discrimination on the basis of race, color, national origin, religion, sex (including sex and sexual orientation), disability, and familial status.” said Demetria McCain, Principal Assistant Secretary for Fair Housing and Equal Opportunity.. “Housing providers, tenant screening companies, advertisers, and online platforms must ensure that the Fair Housing Act applies to tenant screening and housing advertising, including when artificial intelligence or algorithms are used to perform these functions. You should be aware that this will happen.”
The Tenant Screening Guidance discusses fair housing issues raised by tenant screening practices, including the increased use of third-party screening companies to support tenant screening decisions and new uses of machine learning and artificial intelligence. I'm explaining. The guidance also suggests best practices for fair, transparent, and non-discriminatory tenant screening policies for both housing providers and companies providing tenant screening services.
The Fair Housing Act prohibits both intentional housing discrimination and housing practices that have an unreasonable discriminatory effect. Both housing providers and tenant screening companies have a role to play in ensuring that tenant screening is transparent, accurate, and fair. The Tenant Screening Guidance states that the use of third-party screening companies, including those that use artificial intelligence and other advanced technologies, complies with the Fair Housing Act and ensures that all housing applicants are given equal screening opportunities. It's clear what needs to be done. own benefits.
Read our tenant screening guide here.
Advertisers and online platforms should be aware of the risks of implementing targeted advertising tools in advertising subject to the Fair Housing Act. Violations of the Act may occur if certain ad targeting and delivery features unlawfully deny information about housing opportunities to consumers based on their protected characteristics. Violations of the Act target vulnerable consumers with predatory products or services based on protected characteristics, or display content that is likely to discourage or deter potential consumers. It can also occur when ad targeting and delivery features are used to advertise or charge different amounts for the ads served. .
Read our guidance on using our online platform here.
The release of these guidance documents follows HUD's commitment in an April 4 joint statement with other federal agencies to enforce civil rights laws as new technologies such as artificial intelligence become more prevalent. be. HUD's release of tenant screening guidance also fulfills a promise HUD made in the Biden-Harris Administration's Tenant Bill of Rights blueprint.
Anyone who believes they are a victim of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY) or file a complaint at www.hud.gov/fairhousing/fileacomplaint please submit.
