Trump housing plan would make bias by algorithm 'nearly impossible to fight'

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JAF
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Trump housing plan would make bias by algorithm 'nearly impossible to fight'

Post by JAF » Wed Oct 23, 2019 10:13 am

New rules would raise the bar for legal challenges, making lawsuits brought against landlords and lenders less likely to succeed
https://www.theguardian.com/us-news/201 ... e-to-fight
Kari Paul in San Francisco THE GUARDIAN

Wed 23 Oct 2019 01.00 EDT

The Trump administration has proposed a shift in rules that would make it “nearly impossible” for Americans to sue for housing discrimination caused by algorithms, according to tech scholars and civil rights groups.

Absolving companies of wrongdoing when algorithms are involved could have a major effect on the housing market, which often relies on automation – in the form of background checks, credit score analysis, and analyzing an applicant’s history – to decide whether to rent or sell someone a home.

The new ruling would raise the bar for legal challenges against housing discrimination, making cases brought against landlords and lenders less likely to succeed.

It does this through tweaking the interpretation of the “disparate-impact” standard of the 1968 Fair Housing Act, which permits the use of statistical analysis to identify patterns of discrimination and prohibits discriminatory conduct, even if the conduct does not have “discriminatory intent”.

Representatives from New York University, the AI Now Institute, the University of Maryland, non-profit Center on Race Inequality, and the Law and Princeton encouraged the administration to withdraw the proposed rule in the lengthy letter issued on Friday.

“This change is part of a long arc of retrenching America’s promise of equality,” Rashida Richardson, the director of policy research at the AI Now Institute said. “Over the past few decades we have seen an intentional chipping away at the few civil rights protection standards we have, and you are seeing this expedited under the Trump administration.”

Under the Department of Housing and Urban Development’s (HUD) new rules, businesses would be shielded from liability when their algorithms are accused of bias through three different loopholes:

* When the algorithm in question is vetted by a “neutral third party”.
* When the algorithm itself was created by a third party.
( If an algorithm used did not use race or a proxy for it in the computer model.

In the letter, groups in opposition to the change noted many pieces of data can be proxies for race – discriminating by a zip code, for example, can enable a racial bias. The rule would give “unprecedented deference” to mortgage lenders, landlords, banks, insurance companies, and others in the housing industry, the letter said.

“With this proposed rule, the agency is taking extraordinary steps to dismantle the very protections and tools that counteract the often covert policies and practices that disparately impact on communities of color,” the letter said.

The proposed changes come as the gap between black and white homeownership among young adults in the US is at its widest since the 1940s, when housing discrimination was legal.

HUD did not immediately respond to request for comment, but housing secretary Ben Carson recently wrote in an op-ed that the current interpretation of the law “does not reflect common sense” and under new rules plaintiffs would have to “show a robust causal link between the challenged policy and the disparity that is not established by statistical imbalances alone”.

“Ultimately, these changes will lead to more innovation and an increase of lower-cost housing and related services,” he said.

The comment period for the ruling officially ended Friday, but advocacy groups are making an effort to build public awareness and submit more comments before a ruling is made.



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Re: Trump housing plan would make bias by algorithm 'nearly impossible to fight'

Post by tck62 » Wed Oct 23, 2019 12:19 pm

I guess no more claiming racism when it doesn't exist.

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Re: Trump housing plan would make bias by algorithm 'nearly impossible to fight'

Post by Eryk » Wed Oct 23, 2019 1:00 pm

tck62 wrote:
Wed Oct 23, 2019 12:19 pm
I guess no more claiming racism when it doesn't exist.
Thats Disparate Impact.

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Re: Trump housing plan would make bias by algorithm 'nearly impossible to fight'

Post by limoman » Wed Oct 23, 2019 1:04 pm

The democrats will try to stop it by legislating . It will die in the Senate .

Dems are too busy with impeachment to care about this.

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Re: Trump housing plan would make bias by algorithm 'nearly impossible to fight'

Post by JAF » Wed Oct 23, 2019 2:24 pm

tck62 wrote:
Wed Oct 23, 2019 12:19 pm
I guess no more claiming racism when it doesn't exist.
Yeah... Yesterday you said that racism didn't exist while purporting known myths. So forgive me for not taking your word for it.

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Re: Trump housing plan would make bias by algorithm 'nearly impossible to fight'

Post by Eryk » Wed Oct 23, 2019 5:08 pm

JAF wrote:
Wed Oct 23, 2019 2:24 pm
tck62 wrote:
Wed Oct 23, 2019 12:19 pm
I guess no more claiming racism when it doesn't exist.
Yeah... Yesterday you said that racism didn't exist while purporting known myths. So forgive me for not taking your word for it.
Racism is real and definitely exists. However discrimination by disparate impact is not inherently racist. I think it’s an over reach to call it racist.

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Re: Trump housing plan would make bias by algorithm 'nearly impossible to fight'

Post by JAF » Wed Oct 23, 2019 5:26 pm

Eryk wrote:
Wed Oct 23, 2019 5:08 pm
Racism is real and definitely exists. However discrimination by disparate impact is not inherently racist. I think it’s an over reach to call it racist.
Yes, I understand that disparate impact differs from treatment, however, the end result is the same. The 1968 Fair Housing Act "prohibits discriminatory conduct, even if the conduct does not have “discriminatory intent”." Ergo, once a practice that has discriminatory results is identified, there is a responsibility to rectify the issue or face liability.

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Re: Trump housing plan would make bias by algorithm 'nearly impossible to fight'

Post by Eryk » Wed Oct 23, 2019 5:56 pm

I might be wrong. I can’t find that standard in the Fair Housing Act of 1968 wording. I think, and I could be wrong, that the specific wording you used came from the interpretation of the FHA by HUD in 2013. As in a rule put in by HUD under the Obama administration. So I don’t think FHA specifically states that. It seems like a rule that came from a liberal interpretation of the FHA. Maybe this new rule is merely to clarify what the intent was of the FHA as recognized by the Trump administration.

Regardless, this new rule has to obey and follow the FHA otherwise it’s unconstitutional.

If I’m wrong please correct me.

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Re: Trump housing plan would make bias by algorithm 'nearly impossible to fight'

Post by JAF » Thu Oct 24, 2019 12:23 am

Disparate impact is a legal term in US Labor Law, there is no liberal/conservative definition. Discrimination does not have to be intentional for it to occur, it's not like an accusation, it's an occurrence that is unfair and needs to be rectified.

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Re: Trump housing plan would make bias by algorithm 'nearly impossible to fight'

Post by Senor Natural » Thu Oct 24, 2019 3:27 am

JAF wrote:
Wed Oct 23, 2019 10:13 am
New rules would raise the bar for legal challenges, making lawsuits brought against landlords and lenders less likely to succeed
https://www.theguardian.com/us-news/201 ... e-to-fight
Kari Paul in San Francisco THE GUARDIAN

Wed 23 Oct 2019 01.00 EDT

The Trump administration has proposed a shift in rules that would make it “nearly impossible” for Americans to sue for housing discrimination caused by algorithms, according to tech scholars and civil rights groups.

Absolving companies of wrongdoing when algorithms are involved could have a major effect on the housing market, which often relies on automation – in the form of background checks, credit score analysis, and analyzing an applicant’s history – to decide whether to rent or sell someone a home.

The new ruling would raise the bar for legal challenges against housing discrimination, making cases brought against landlords and lenders less likely to succeed.

It does this through tweaking the interpretation of the “disparate-impact” standard of the 1968 Fair Housing Act, which permits the use of statistical analysis to identify patterns of discrimination and prohibits discriminatory conduct, even if the conduct does not have “discriminatory intent”.

Representatives from New York University, the AI Now Institute, the University of Maryland, non-profit Center on Race Inequality, and the Law and Princeton encouraged the administration to withdraw the proposed rule in the lengthy letter issued on Friday.

“This change is part of a long arc of retrenching America’s promise of equality,” Rashida Richardson, the director of policy research at the AI Now Institute said. “Over the past few decades we have seen an intentional chipping away at the few civil rights protection standards we have, and you are seeing this expedited under the Trump administration.”

Under the Department of Housing and Urban Development’s (HUD) new rules, businesses would be shielded from liability when their algorithms are accused of bias through three different loopholes:

* When the algorithm in question is vetted by a “neutral third party”.
* When the algorithm itself was created by a third party.
( If an algorithm used did not use race or a proxy for it in the computer model.

In the letter, groups in opposition to the change noted many pieces of data can be proxies for race – discriminating by a zip code, for example, can enable a racial bias. The rule would give “unprecedented deference” to mortgage lenders, landlords, banks, insurance companies, and others in the housing industry, the letter said.

“With this proposed rule, the agency is taking extraordinary steps to dismantle the very protections and tools that counteract the often covert policies and practices that disparately impact on communities of color,” the letter said.

The proposed changes come as the gap between black and white homeownership among young adults in the US is at its widest since the 1940s, when housing discrimination was legal.

HUD did not immediately respond to request for comment, but housing secretary Ben Carson recently wrote in an op-ed that the current interpretation of the law “does not reflect common sense” and under new rules plaintiffs would have to “show a robust causal link between the challenged policy and the disparity that is not established by statistical imbalances alone”.

“Ultimately, these changes will lead to more innovation and an increase of lower-cost housing and related services,” he said.

The comment period for the ruling officially ended Friday, but advocacy groups are making an effort to build public awareness and submit more comments before a ruling is made.
Wow, I lived during the time that our constitutional republic died . . . at the hands of enemies from within . . . and no one that took the oath to protect it did.

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Re: Trump housing plan would make bias by algorithm 'nearly impossible to fight'

Post by tck62 » Thu Oct 24, 2019 11:11 am

JAF wrote:
Thu Oct 24, 2019 12:23 am
Disparate impact is a legal term in US Labor Law, there is no liberal/conservative definition. Discrimination does not have to be intentional for it to occur, it's not like an accusation, it's an occurrence that is unfair and needs to be rectified.
Here is the problem, what happens when you apply the concept of disparate impact on the NBA, NFL and NCAA?

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