From DC is Justice in Aging's weekly roundup of national news and resources about issues impacting older adults. To receive From DC in your inbox as soon as its published, sign up for our mailing list.
Here’s what we’re watching in Washington:
Submit Comments on HUD’s Proposed Rule on the Fair Housing Act’s Disparate Impact Standard
Last month, the U.S. Department of Housing and Urban Development (HUD) released a proposed rule on implementation of the Fair Housing Act’s disparate impact standard. HUD is proposing to “remove its [disparate impact] regulations and leaving to courts questions related to interpretations of disparate impact liability under the Fair Housing Act.”
Disparate impact discrimination occurs when a facially neutral policy or practice results in an unjustified, negative disparate impact on members of a protected class. Disparate impact liability is a key civil rights tool and a longstanding legal theory upheld by courts in various contexts. In 2015, the U.S. Supreme Court found that disparate impact claims can be brought under the Fair Housing Act.
Template comments are available from the National Fair Housing Alliance. Comments on HUD’s proposed rule are due on February 13, 2026.
Congress Passes Funding Package
This week, Congress passed a funding package (The Consolidated Appropriations Act of 2026) signed by President Trump that includes Fiscal Year 2026 spending bills for the Department of Health and Human Services (HHS), the Department of Housing and Urban Development (HUD), and other agencies.
Overall, the funding package largely protects critical programs for older adults. Some highlights of the Act include:
- Funding for the Administration for Community Living (ACL), including maintaining funding for Older Americans Act nutrition, caregiver, and supportive services; the Long-Term Care Ombudsman Program; and Adult Protective Services and Elder Justice programs.
- Extended funding for outreach and enrollment assistance for low-income Medicare enrollees and Medicare telehealth coverage through December 31, 2027.
- Continued funding for the Legal Services Corporation.
- Funding to maintain current levels of assistance for key housing programs, such as Housing Choice (Section 8) Vouchers and Section 202 senior housing.
- Level funding for HUD’s fair housing programs.
- A timeline for the renewal of Continuum of Care (CoC) homeless assistance grants, which have been under threat by the Trump Administration.
Justice in Aging will share more information about the Act’s health and housing provisions in the coming days.
New Justice in Aging Resources
- Alert: Justice in Aging Launches Older Adult Behavioral Health Project in California (2/4)
- Alert: Amicus Brief Highlights how DHS’s Mandatory Detention Policy Imperils Older Adults (2/3)
- Toolkit: Mitigating the Harms of Medicaid Work Requirements for Older Adults: Tools for State Advocates (2/4)
- Comment Letter: Justice in Aging Comments Against the Rescission of the Nursing Home Minimum Staffing Rule (1/31)
- Alert: Take Action to Stop Attack on Disability Rights (1/29)
- Fact Sheet: March 31 is a Double Deadline for People Eligible for Medicare (1/27)
- Fact Sheet: Get the Facts: Work Requirements and Time Limits Will Worsen Housing Instability (with National Housing Law Project, Center for Law and Social Policy, National Low-Income Housing Coalition, and Southern Poverty Law Center) (1/27)
- Comment Letter: Justice in Aging’s Comment on the Notice of Proposed Rule Making for Medicare Advantage, Contract Year 2027 (1/26)
- Fact Sheet: Medicare & Transgender Older Adults: What Advocates Need to Know (1/14)
- Blog: A Message from the Future (1/13)
- Fact Sheet: Medicaid’s Cost Collection Policy Hurts Families & Perpetuates Poverty (1/7)
- Fact Sheet: Protecting Oral Health for Older Adults in Medicaid (1/5)
