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Writer's pictureStephen Wick

Maryland's AG along with 19 State Attorneys Back HUD's Discriminatory Effects Rule in Legal Fight

A group of insurance companies is seeking to have the rule invalidated in relation to homeowners' insurance pricing and underwriting, arguing that state-level insurance laws should provide them immunity from federal fair housing laws.
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Maryland Attorney General Anthony G. Brown has joined a coalition of 19 state attorneys general in submitting an amicus brief to a federal court, urging the rejection of a challenge to the Department of Housing and Urban Development's (HUD) Discriminatory Effects Rule. This rule clarifies that insurers and other parties can be held accountable under the Fair Housing Act for practices that have a discriminatory impact on protected classes, regardless of intent.


The homeowner's insurance industry is contesting the rule, which aims to prevent “disparate impact” discrimination—practices that adversely affect individuals based on race, national origin, or other protected characteristics. A group of insurance companies is seeking to have the rule invalidated in relation to homeowners' insurance pricing and underwriting, arguing that state-level insurance laws should provide them immunity from federal fair housing laws.


“Having insurance is an essential part of owning a home. This lawsuit will help ensure that the insurance industry does not reinforce the harmful history of housing discrimination,” said Attorney General Brown. “Our office will do whatever it can to make sure that all Marylanders have an equal opportunity of home ownership and to achieve the American Dream.”


In a previous brief filed in 2023, Attorney General Brown and his coalition contended that HUD was justified in not granting broad exemptions for homeowners' insurance. The trial court acknowledged this brief as “significant” evidence supporting HUD’s approach, ultimately upholding the rule.


Now, in a brief submitted to the U.S. Court of Appeals for the Seventh Circuit, the coalition asserts that applying the Discriminatory Effects Rule to homeowners' insurance does not conflict with state insurance regulations. They emphasize that, in many states, including Maryland, HUD’s rule aligns with state anti-discrimination efforts, reinforcing the regulation of the homeowner's insurance market.


By joining this coalition, Attorney General Brown stands alongside attorneys general from Arizona, California, Colorado, Delaware, the District of Columbia, Illinois, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington, advocating for fair housing practices across the nation.







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