HUD's new housing rule has an AI loophole that's bad for America

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HUD's new housing rule has an AI loophole that's bad for America
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Lenders are turning to AI for home loan underwriting decisions because discrimination, even unintentional bias, remains endemic to the U.S. housing market. A new fair lending rule proposed by HUD is anything but fair. It may help to unleash discriminatory AI in the mortgage market.

In recent years, these standards have led more lenders to AI. AI can provide access for communities that have been locked out of housing, credit, and other opportunities because of discriminatory barriers. AI models can also be unpredictable, and if used incorrectly they threaten to perpetuate bias and unconscious prejudices that have plagued these markets for decades; the very harms disparate impact was designed to counteract.

HUD's proposed rule would make it exceptionally harder for consumers to challenge discriminatory practices, making it virtually impossible to show that a lender is unnecessarily denying people credit. The changes would immunize lenders that use unfair credit underwriting models as long as they don't use clearly discriminatory factors in making or rejecting a loan.

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