Important News

HUD closes civil-rights probe of Texas General Land Office, finds no racial discrimination

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Key takeaways

  • HUD closed a civil rights investigation into the Texas General Land Office (GLO) over its distribution of disaster mitigation funds.
  • HUD’s Office of Fair Housing and Equal Opportunity (FHEO) found allegations, based on disparate-impact theory, that the GLO engaged in racial discrimination to be baseless.
  • HUD concluded the Texas GLO complied with federal standards by running a race-neutral competition for high-impact disaster mitigation projects.
  • HUD Secretary Scott Turner said the prior investigation was politicized under the Biden administration and framed the closure as correcting that politicization.
  • In January 2026 HUD proposed a rule to end the agency’s use of disparate-impact theory in fair housing and related civil rights enforcement.

Follow Up Questions

What is "disparate-impact theory" in civil rights law and how is it normally applied?Expand

Disparate-impact theory is a legal doctrine under civil-rights statutes (including the Fair Housing Act) that treats a facially neutral policy as unlawful when it causes a significant disproportionate harm to a protected group. Courts and HUD typically apply a burden‑shifting test: a complainant must show a policy causes a discriminatory effect; the defendant can justify the policy by showing a legitimate, necessary reason (e.g., business or programmatic necessity); and the complainant can then show a less‑discriminatory alternative that achieves the same goal. The U.S. Supreme Court recognized disparate‑impact claims under the Fair Housing Act in Inclusive Communities (2015) but required plaintiffs to show a robust causal link and cautioned against using disparate impact to pursue minor or speculative disparities.

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