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COMMENTARY: Why Would HUD Gut Its Own Disparate Impact Rule?

WASHINGTON INFORMER — In the August 19 Federal Register, HUD proposed a new rule that would expand the disparate impact rule into a five-step process that would shift the burden of proving discrimination nearly exclusively to plaintiffs. By proposing that third parties test practices against algorithms to determine fairness, defendants in fair housing cases could later move for dismissal and/or be shielded from liability.

Published

6 years ago

September 8, 2019

Oakland Post

By Charlene Crowell

Whatever happened to the American Dream of owning a home and giving your children a better life than you experienced as a child? Is this ‘dream’ being deferred or denied?

In 2019, these questions are as timely as they are timeless. Beyond rising housing costs for would-be buyers and renters alike, serious doubts are emerging about the nation’s commitment to the letter and spirit of fair housing laws, related enforcement, and regulations supporting both.

Today’s Black homeownership rate is 41.1% — lower than it was when the 1970 census showed this same data point at 42%.

Since 2013, the disparate impact rule has objectively examined the effects of business practices with lenders, landlords, insurers, and real estate professionals against the provisions of the 1968 Fair Housing Act. The rule required that first a plaintiff must establish a discriminatory effect in policies and/or practices, before the defendant(s) would bear the responsibility of proving their own practices were nondiscriminatory.

But in the August 19 Federal Register, HUD proposed a new rule that would expand the disparate impact rule into a five-step process that would shift the burden of proving discrimination nearly exclusively to plaintiffs. By proposing that third parties test practices against algorithms to determine fairness, defendants in fair housing cases could later move for dismissal and/or be shielded from liability.

“Secretary Carson has proposed a rule that represents yet another egregious step by this Administration toward the dismantling of key civil rights protections in America,” said Congresswoman Maxine Waters in reaction. The veteran lawmaker is also the Chair of the Housing Financial Services Committee. “The proposed rule would make it substantially more difficult for victims of housing discrimination, including persons with disabilities, families with children, and racial minorities, to prove their case in a court of law and thereby hold bad actors accountable for their actions.”

New York Congresswoman Carolyn B. Maloney was even more direct in a Twitter post. “What is wrong with Ben Carson. You can’t expand housing rights by limiting civil protections. The ’D’ in HUD doesn’t stand for ‘Discrimination’.”

During delivery of Capitol Hill testimony earlier this spring, Nikitra Bailey, an EVP with the Center for Responsible Lending (CRL) also underscored the importance of disparate impact in fair housing.

“Disparate impact analysis encourages creative approaches that both increase effectiveness and inclusion,” testified Bailey. “This process and the value of disparate impact analysis was recently pointed out and endorsed by the largest personal loan company in the country, Lending Club.”

Other organizations actively engaged in opposing HUD’s proposed rule reversal include the Lawyers’ Committee for Civil Rights Under the Law, the Leadership Conference for Civil and Human Rights, NAACP Legal Defense Fund, and the National Fair Housing Alliance.

Between now and October 18, concerned citizens, advocates, organizations and others have a brief opportunity to stand up and speak out against the Carson proposal. Once this 60-day public comment period concludes, HUD will have the green light to move forward as planned or modify its proposal. How long the remainder of the rulemaking process lasts will be a HUD decision.

Before the Fair Housing Act’s enactment, local zoning laws across the country supported segregation along with redlining Black communities to exclude borrowers from mortgage and home improvement loans along with a litany of real estate practices that denied Blacks and other people of color opportunities to build family wealth. Particularly by omitting Black neighborhoods from multiple listing services, door-to-door block-busting practices inflamed racial tensions with warnings of lost property values if integration was to occur. Additionally, many neighborhoods enforced restricted covenants that explicitly excluded families of color from ever buying property in designated areas.

The irony is that despite more than 50 years of fair housing being federal law, not only does housing discrimination persist, the federal agency charged to defend it seems to have forgotten its own mission.

“HUD is looking for a problem that does not need a fix,” added Bailey, speaking directly to the proposed disparate impact revision. “Even the lending industry supports disparate impact and uses it as a tool to create fairer and more profitable lending.”

So exactly whom is HUD serving?

Charlene Crowell is the Center for Responsible Lending’s communications deputy director. She can be reached at Charlene.crowell@responsiblelending.org.

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Michael: The King of Pop’s Story Returns to the Big Screen

BLACKPRESSUSA NEWSWIRE — The curtain has finally lifted on one of Hollywood’s most anticipated films. Lionsgate has unveiled the official trailer and release date for “Michael,” the sweeping biopic about Michael Jackson that has been years in the making.

Published

3 days ago

November 6, 2025

Stacy M. Brown

By Stacy M. Brown
Black Press USA Senior National Correspondent

The curtain has finally lifted on one of Hollywood’s most anticipated films. Lionsgate has unveiled the official trailer and release date for “Michael,” the sweeping biopic about Michael Jackson that has been years in the making. Directed by Antoine Fuqua, the film will arrive in theaters on April 24, 2026, with the singer’s nephew, Jaafar Jackson, stepping into the spotlight to portray his legendary uncle.

The trailer wastes no time rekindling the aura of Jackson’s genius. Opening with a studio scene between Jackson and his longtime producer Quincy Jones, played by Kendrick Sampson, the clip builds from a quiet, familiar rhythm to the electrifying pulse of “Wanna Be Startin’ Somethin’.” Viewers catch glimpses of the singer’s childhood, flashes of “Thriller,” and the silhouette that redefined pop culture. Each frame reminds fans of why Jackson remains unmatched in artistry and influence. The cast surrounding the late pop king’s nephew, Jaafar Jackson, reads like a who’s who of Black entertainment and music history. Colman Domingo plays Joe Jackson, Nia Long portrays Katherine Jackson, and Larenz Tate takes on the role of Motown founder Berry Gordy. Laura Harrier portrays music executive Suzanne de Passe, while Kat Graham embodies Diana Ross. Miles Teller plays attorney John Branca, a towering entertainment lawyer and longtime Jackson confidant who later became co-executor of his estate. The film’s journey to release has been as complicated as the icon it portrays. Production wrapped in 2024, but legal hurdles over depictions of past controversies forced extensive reshoots and editing delays. Even so, Fuqua’s film now appears ready to reclaim the narrative, focusing on Jackson’s creative ambition and humanity beyond tabloid noise. IndieWire reported that the film had faced “a massive legal snafu” over a disputed storyline but was retooled to center the music and legacy that defined generations.

Maven. Photo Credit: Glen Wilson

“Michael” promises more than a chronological retelling. It aims to explore how a child star from Gary, Indiana, became the world’s most influential entertainer. The script, written by Oscar-nominated John Logan, traces Jackson’s early years with the Jackson 5 through the triumphs and isolation of global superstardom. With Fuqua’s cinematic eye and producer Graham King—who brought “Bohemian Rhapsody” to life—joining forces with estate executors Branca and John McClain, the film is positioned as both a tribute and a restoration of Jackson’s cultural truth. Branca’s work behind the scenes has long shaped Jackson’s posthumous success. After the singer died in 2009, Branca and McClain took control of the estate burdened by debt and turned it into a global powerhouse worth billions. Under their stewardship, Jackson’s projects have generated more than $3 billion in worldwide ticket sales and landmark deals, including a $600 million joint venture with Sony earlier this year. At its heart, though, “Michael” is a story about artistry that transcends scandal. It offers a reminder that, despite the noise surrounding his life, Jackson’s music still bridges continents and generations. The trailer’s closing moments capture that spirit. As the beat of “Billie Jean” swells and Jaafar Jackson moonwalks into a spotlight, audiences are left with a familiar feeling—the awe of witnessing something timeless return home.

“Michael” opens worldwide in theaters April 24, 2026. See the official trailer here.

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Donald Trump Is the Biggest Loser

BLACKPRESSUSA NEWSWIRE — The Trump Brand took a significant hit as it was swept up in the Democratic blue wave of the election last night.

Published

4 days ago

November 5, 2025

Oakland Post

By April Ryan

The Trump Brand took a significant hit as it was swept up in the Democratic blue wave of the election last night.

Chris Jones, Democratic candidate for U.S. House of Representatives (AR-02), says, “Last night was electric, and it was unquestionably a wave.” Democrats won big in what is widely considered a repudiation of Trump’s 9 months at the White House in his second term.

In the state of Virginia, which produced the first big election night win and saw the election of the first woman governor, Democrat Abigail Spanberger, 56% of Virginia’s residents disapprove of President Trump. In New Jersey, 55% of state residents disapprove of the president; in New York, 69% disapprove; and in California, 63% disapprove of the president. The Trump brand or his support for any candidates did nothing to benefit those he endorsed in this election. They actually lost in each race he publicly put his name behind. Trump endorsed former New York Democratic Governor Andrew Cuomo, who lost the New York mayor’s race in his run as an independent. And New Jersey Republican Jack Ciattarelli, who ran for governor with the presidential endorsement, also lost his prospective race.

The next question is, will the democratic momentum be sustainable? Jones further explained, “This can become a 2026 tsunami, but turning a wave into a tsunami takes energy. A lot of energy. It doesn’t just happen. The conditions are there. Now we have to work!”

Some Democrats would argue that the work is already underway. The pushback against Trump’s national redistricting efforts received a thumb in the eye from California voters. Prop 50, California Governor Gavin Newsom’s counterbalance to President Trump’s redistricting efforts, passed in California last night. Although Trump’s name was not on the ballot last night, his Republican policies were. The United States has now entered the longest government shutdown in its history. Forty-two million Americans are not getting SNAP benefits. Economists are acknowledging that the government shutdown is contributing to the rise in delinquent debt in the student loan, automotive, and credit card industries. These items are among the negatives Americans are protesting against.

Compounding Trump’s political problems is a tariff battle that’s directly impacting pocketbooks. The day after the elections, the Trump administration was arguing before the US Supreme Court in favor of the president’s tariff powers. Meanwhile, President Trump‘s poll numbers are underwater, standing at a 37% national disapproval rate

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Historic Beatdown: Democrats Sweep Virginia as Speaker Don Scott and Jay Jones Make History

BLACKPRESSUSA NEWSWIRE — In a clear rejection of the policies of President Donald Trump, history repeated itself in Virginia.

Published

4 days ago

November 5, 2025

Oakland Post

By Lauren Burke

In a clear rejection of the policies of President Donald Trump, history repeated itself in Virginia. Democrats once again swept all three statewide offices as they did in 2017 during Trump’s first term. Abigail Spanberger easily won the office of Governor, and State Senator Ghazala Hashmi won her race over John Reid to be the next Lieutenant Governor. The victories occurred against the backdrop of a historic win in Virginia by Spanberger that will give Virginia its first woman Governor.

Spanberger’s widely predicted win over Republican gubernatorial nominee Winsome Earle-Sears was called 17 minutes after the polls closed in Virginia at 7 pm. Former Delegate Jay Jones won his race against incumbent Attorney General Jason Miyares. His victory means Jones will be the first Black Attorney General in Virginia’s history. Jones’ win was particularly noteworthy since the last month of his campaign was consumed by the issue of private text messages from 2022 to Republican Delegate Carrie Coyner. Republicans ran a non-stop barrage of negative ads against Jones for a month.

Del. Coyner lost her bid for re-election to Delegate-elect Lindsey Dougherty. The Dougherty race was the number one target for House Speaker Don Scott and his campaign lieutenant, Delegate Dan Helmer. Coyner’s defeat was one of at least 13 victories for Democrats who have now added to their ranks in the Virginia House to historic margins. When the Virginia General Assembly returns to session in January, there will be at least 64 Democrats in the chamber. The widespread Republican defeat is a testament to a combination of historic fundraising, Democrats running in all 100 seats, dislike of President Trump’s policies, and an ineffective top of the ticket featuring Lt. Gov. Earle Sears.

+13: Speaker Scott and Del. Helmer Hit Historic Numbers in Fundraising and Power

As the evening ended, a glaring historic fact became clearer: The Virginia House of Delegates will expand to a historic number. The change means the largest Democratic House chamber in the modern era. There were several notable wins by Democrats running for the Virginia House. They include Virgil Thornton, Lilly Franklin, and Kim Pope Adams. Speaker Don Scott and his campaign chair, Dan Helmer, undertook a record fundraising effort never before seen in Virginia’s history. The moment of success for Virginia Democrats will be viewed as a positive signal for Democrats moving into the 2026 elections.