HUD Says It’s Legal to Tell the Truth

HUD Says Realtors Can Now Speak the Truth by Alex Tabarrok April 28, 2026 at 7:18 am in Current Affairs Economics History Law HUD: The U.S. Department of Housing and Urban Development (HUD) sent a “Dear Colleague” letter to real estate professionals clarifying they are not violating the Fair Housing Act when they share information with prospective homebuyers about neighborhood crime rates and school quality data. “Buying a home is one on the most significant decisions a family will ever make,” said Secretary Scott Turner. “Americans should not be left in the dark about vital facts like neighborhood safety or school quality. HUD is making clear that real estate professionals can openly and lawfully provide this information in an equal and consistent manner to American families.” The background is that The Fair Housing Act of 1968 prohibits discrimination in housing based on race, color, religion, sex, national origin (and via later amendments) familial status, and disability. Discrimination included “steering” buyers toward or away from neighborhoods based on protected characteristics. The Biden administration ramped this up with a directive and Executive Order that essentially said the Fair Housing Act must be interpreted not just to prohibit discrimination but to redress and undo past discrimination: This is not only a mandate to refrain from discrimination but a mandate to take actions that undo historic patterns of segregation and other types of discrimination and that afford access to long-denied opportunities. …the [HUD] Secretary shall take any necessary steps,…to implement the Fair Housing Act’s requirements that HUD administer its programs in a manner that affirmatively furthers fair housing and HUD’s overall duty to administer the Act (42 U.S.C. 3608(a)) including by preventing practices with an unjustified discriminatory effect. The “discriminatory effect” language reinforced that so-called disparate impact, not just intentional discrimination counted as discriminatory—and it contributed to a legal and reputational environment in which platforms and agents had strong incentives to avoid anything that could be characterized as steering. As a result, by the end of the year, Realtor.com had removed its crime map from all search results, as did Trulia, Redfin announced it would not add crime data to its platform and since Zillow already didn’t include such data, by early 2022 all the major portals had dropped crime information. Similarly, the National Association of Realtors published material instructing agents not to directly answer client questions about neighborhood safety. One article in “The Safety Series” was titled “‘Is This a Safe Neighborhood?’ Don’t Answer That” and by “Safety Series” they meant safety for the realtor not the client. So without explicitly making such information illegal, the government created a legal and reputational climate that chilled its provision. Portals removed crime maps and realtors became reluctant to answer ordinary buyer questions about neighborhood safety and school quality. That is a degradation of service, not a civil-rights victory. The pretext was that crime information might not be accurate but the real fear was that it would accurately suggest neighborhoods with high percentages of black residents had more crime. Withholding information about crime and schools, however, does not change the facts; it just shifts the informational advantage toward buyers who are wealthy,…

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