The Trump administration published in the Federal Register on January 14 a proposed rule that would reverse efforts to undo historic and ongoing patterns of housing discrimination and segregation throughout the U.S. The proposed rule is now open for a 60-day public comment period. HUD provided an advance copy on January 7, and NLIHC used it to draft a short overview as well as a detailed summary and analysis (see Memo, 1/13). The proposed rule is the latest of this administration’s attacks on civil rights and affordable housing. NLIHC, the National Housing Law Project, and other partners are leading the effort to oppose the proposed rule through the Fight For Housing Justice campaign. We urge all advocates to join us in submitting public comments opposing the rule before the March 16 deadline.
The administration’s proposal, led by HUD Secretary Ben Carson, would gut the landmark 2015 Affirmatively Furthering Fair Housing (AFFH) rule that provided guidance and tools to state and local governments and public housing agencies to help them better identify and decide how to address harmful patterns of segregation, discrimination, and disinvestment – patterns often created by government policy. The 2015 rule was developed over several years, with significant input from a wide variety of stakeholders.
The new “fair housing” rule absurdly ignores race, segregation, and housing discrimination and incorrectly equates increased housing supply with fair housing choice. The proposal will not promote fair housing or affordable housing goals, and it attacks protections for tenants, workers, and the environment. HUD’s proposed rule eliminates opportunities for public input on AFFH plans and lacks meaningful oversight and accountability. The proposed rule also greatly diminishes public housing agencies’ AFFH responsibilities, allowing them to merely certify they consulted with their local governments regarding how the two could satisfy their common AFFH obligations.
Organizations and individuals should submit comments opposing the proposed rule by the March 16 deadline. Visit www.FightForHousingJustice.org to submit a comment and find news, talking points, summaries and analyses, and other resources. We will continue to create useful materials, such as sample comment letters, to help you oppose this new rule throughout the comment period.
More about AFFH is in NLIHC’s 2019 Advocates’ Guide, pages 7-14, 7-21, and 7-26