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HUD Provides AI Guidance for Housing

HUD warned tenant screeners, housing providers and advertisers of possible Fair Housing Act violations when using AI.

WASHINGTON – The U.S. Department of Housing and Urban Development released new guidance documents about using artificial intelligence (AI) in tenant screening and the advertising of housing opportunities in relation to the Fair Housing Act.

HUD warned the misuse of AI and algorithms can introduce bias and discrimination into screenings and advertising. 

In its guidance, HUD reminded housing providers and tenant screening companies both play a role in ensuring screenings are transparent, accurate and fair. Under HUD’s tenant screening guidance, the providers and screening companies can be held liable for discriminatory decisions.

“As a general matter, tenant screening companies should serve to help implement, rather than effectively set, a housing provider’s screening policies,” HUD said.

HUD also said the advertising of housing opportunities can be problematic when the ads target specific groups of people.

“Such targeting and delivery, which may be permissible in other contexts, risks violating the act when used for housing-related ads,” HUD said.

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