Recently, the U.S. Department of Housing and Urban Development (HUD) sent a letter to “real estate professionals clarifying that they are not violating the Fair Housing Act when they share information with prospective home buyers about neighborhood crime rates and school quality data.” (HUD press release dated April 24, 2026)

Question: Does the information contained in the letter change the way real estate professionals communicate with their clients on these subjects?

Answer: Effectively, no. It does not. And here are some good reasons why not.

First, it is important that the agent not insert their own opinions (about almost anything). Just because an agent subjectively believes a certain school or district is a good one, or a certain neighborhood is a safe one, does not mean that the agent’s client will agree. The agent, who owes fiduciary duties to their client, is to serve the client’s best interest and to act at their client’s lawful direction (Clearly an agent could not follow a client’s direction to willfully discriminate against members of any protected class, hence the insertion of the word “lawful.”)

Next, by compiling a robust list of reliable resources documenting the different school districts and features of each, or where their client can find accurate crime statistics, the client can make their own decisions based on what matters most to them.

• These types of resources are typically of great importance to prospective homebuyers and renters.

The real estate professional must be educated and consistent in their processes for assisting all their clients, following uniform practices while allowing their clients to make well-reasoned decisions that suit their specific needs.

In addition, real estate professionals must be well-versed in federal, state and local fair housing regulations, following whichever framework is strictest. If the real estate agent is a REALTOR® member, they must also adhere to the National Association of REALTORS® Code of Ethics, specifically Article 10. Article 10 prohibits offering information containing racial, ethnic or religious information. If asked, the REALTOR® member should direct clients to reliable sources of statistical and accurate information.

To sum it up, real estate professionals are the market experts who provide well-curated and accurate lists and resources for their clients to consider when making their decisions about what matters most to them when leasing or purchasing their homes. The agents should refrain from offering subjective opinions, stick to objective information and data points, and employ consistent, factual approaches while following their clients’ lawful directions.

NOTE: While the “disparate impact” rule within the U.S. Code has been set aside for now, there still exists a U.S. Supreme Court decision entitled Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015), which still prohibits governmental or agency policies that would have a discriminatory effect or disparate impact on protected classes if there is a less restrictive way to accomplish the regulatory or policy goals.