Debbie Drummond, head of The Debbie Drummond Real Estate Team at Simply Vegashas been in Las Vegas since 2003. She notes that fair housing compliance remains embedded in routine practice.
“I haven’t seen a big difference in the way real estate agents do business,” she said HousingWire. “I don’t think you’ll see much on a day-to-day basis because it’s ingrained in our minds through our training. Even in the state of Nevada, when you renew your driver’s license, you have to get training on fair housing.
“So even if (HUD) rolls things back, I don’t think it will affect the way brokers do business.”
Equality of treatment over equality of outcomes
HUD says the rollback aligns with a Trump executive order emphasizing equal treatment under the law rather than equality of outcomes — adding that courts should determine how the Fair Housing Act is interpreted rather than federal regulators.
Public comments on the proposal are due by February 13.
HUD has also implemented an English-language policy for most services. The agency has recently faced lawsuits over fair housing funding, with a federal judge in July ordering the allocation of funds nationwide following a class action lawsuit.
Several impact claims have historically focused on zoning, lending practices, and insurance underwriting – areas where policy choices can affect access to housing in all communities.
Some legal experts say removing HUD guidelines could lead to inconsistent interpretations from courts in different jurisdictions, creating a patchwork of compliance standards for major housing stakeholders.
Regulation versus housing supply
Supporters of the rollback argue that federal oversight has become too burdensome and is contributing to housing shortages.
Critics counter that guidance is necessary to prevent systemic discrimination.
Drummond acknowledged concerns about overregulation while emphasizing the need to uphold the fundamental principles of fair housing.
“I think we’re probably a little bit over-regulated,” she said. “I think this is part of the housing shortage we have right now. A good example of this is what’s going on in the Pacific Palisades and how long it’s taking for those poor people to rebuild their homes. There are times when regulations can just go too far.
“From what I’ve read about the (fair houses) rollback, it doesn’t sound like they’re just letting it happen.”
Lawyer describes guidance vacuum
In September, HUD revoked more than a decade of internal guidelines used by community associations to comply with the Fair Housing Act.
The memos addressed issues such as emotional support for animals, residents with limited English proficiency, criminal background screenings and gender identity and sexual orientation protections.
Florida real estate attorney JoAnn Nesta Burnett said the lack of federal guidance has left housing professionals unsure about how the rules will be interpreted.
“We’re all in some kind of limbo because we don’t have that guidance to fall back on,” she said. “So the only thing in terms of emotional support and service animals that still exists is the (Ministry of Justice) HUD statement from 2004. No one really knows exactly what we should do, or whether things are more lax or strict.
Burnett said the rescinded guidelines have affected criminal background checks, emotional support animals and LGBTQ protections, without any replacement guidelines being issued.
Uncertainty about enforcement
Burnett said recent cases have largely followed existing precedent, but future enforcement remains unclear.
“Until now, [in Florida]The cases and rulings that have come in during this period have still followed HUD guidelines, but a lot of that has also been codified in case law and the Fair Housing Act and Florida statutes and things like that. So it’s unclear, without knowing how they’re going to do this and what HUD might send to the local agencies investigating these claims, if anything has changed in a formal way.”
Animal disputes over emotional support continue to dominate fair housing complaints, and rescinding the guidance has not reduced conflict, Burnett said.
She added that courts continue to review accommodation requests using statutes and precedents, but the lack of updated guidance creates uncertainty.
Burnett advises Realtors to advise clients on providing legitimate documentation for disability-related housing applications – and warned against the use of fraudulent online certifications.
NAR: Enforcement goes beyond the federal government
Alexia Smokler – director of fair housing policy and programs at the National Association of Real Estate Agents (NAR) – says fair housing enforcement has never relied solely on federal agencies and remains active through multiple channels.
“The Fair Housing Act is the law of the land. A variety of regulators and private litigants have the authority to enforce the Fair Housing Act,” she said. “State and local government agencies have historically handled the lion’s share of fair housing complaints, along with private housing agencies,” Smokler said.
She adds, “Private litigants can still bring fair housing claims in local, state and federal courts. Media outlets can still conduct investigations. Real estate professionals should expect the law to be enforced and conduct themselves accordingly.”
Smokler says the legal and ethical responsibilities of real estate agents remain unchanged despite federal shifts.
“The Code of ethics for real estate agents requires all agents to provide equal, professional service to all clients,” she said. “The obligations of real estate professionals under the law and the Code have not changed. Maintaining these standards makes good business sense for real estate agents and brokers looking to expand their businesses and attract the homebuyers of the future.”
Smokler also emphasized that enforcement will likely become more decentralized, with increasing activity at the state level and through private lawsuits.
“States with strong fair housing laws will continue to enforce them,” she said. “We will see state agents building their fair housing and fair lending infrastructure to more actively enforce these laws. Private litigants and nonprofits will continue to bring cases challenging systemic discrimination.
[The] the industry must continue to emphasize compliance – not just because the law is still in effect, but because serving the broadest possible base of buyers is the smart business move.”
Common mistakes, new risks
Colette Massengale – senior policy representative for fair housing at NAR – said even well-intentioned professionals can violate fair housing laws through subtle biases or misuse of technology.
“Even real estate professionals who understand fair housing laws can fall into the ‘thinking trap’ of deciding where buyers will feel ‘comfortable,’ which can lead to customers being steered based on their identity,” she said. “While explicit forms of housing discrimination have decreased since the Fair Housing Act, more subtle forms of discrimination persist and can cause us to treat consumers from different backgrounds differently.
“Guardrails are essential. Another mistake well-meaning professionals make is using AI without checking for compliance with fair housing laws.”
Best practices amid uncertainty
Massengale said standardized processes and training are critical to reducing risk regardless of federal policy shifts.
“Starting January 1, all 1.5 million NAR members will be required to complete two hours of substantive fair housing training every three years,” she said. “This is more fair housing training than is required to maintain a real estate license in a number of states. Through courses like NAR’s Fairhaven, real estate professionals can integrate best practices to protect consumers and reduce risk.
“Additionally, becoming familiar with local fair housing organizations can help real estate professionals better advocate for clients when they experience discrimination.”
Drummond said inclusivity has become a defining characteristic of its market and a core value for modern real estate professionals.
“I haven’t seen many issues with discrimination over the years,” she said. “I’ve been doing real estate here in Vegas for a long time, and one of the things I liked about Vegas when I first moved here is that we’re very inclusive. I mean, you have every ethnicity, every religion, everything all in one city, and we all get along.”
She said cultural shifts within the sector have reduced the risk of discrimination, but continued training and vigilance remain necessary.
Whether the federal rollback will result in streamlined regulations or weaker protections remains contentious, but high-level decisions continue to point to a changing landscape of fair housing enforcement.
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