The U.S. Department of Housing and Urban Development (HUD) released two guidance documents addressing the application of the Fair Housing Act to areas where the use of artificial intelligence poses particular concern.
HUD’s guidance focuses on the tenant screening process, which has seen a growing use of third-party screening companies using machine learning and artificial intelligence. The guidance suggests best practices for fair, transparent, and non-discriminatory tenant screening policies, for both housing providers and companies that offer tenant screening services.
HUD also addresses how advertisers and online platforms deploy advertisement targeting tools that could result in unlawfully denying consumers information about housing opportunities based on the consumers’ protected characteristics. HUD also warned about the potential to target vulnerable consumers for predatory products or services.
“The Fair Housing Act prohibits discrimination on the basis of race, color, national origin, religion, sex (including gender and sexual orientation), disability, and familial status,” said Demetria McCain, principal deputy assistant secretary for fair housing and equal opportunity. “Housing providers, tenant screening companies, advertisers, and online platforms should be aware that the Fair Housing Act applies to tenant screening and the advertising of housing, including when artificial intelligence and algorithms are used to perform these functions.”
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