NLIHC Joins Amicus Brief Supporting Lawsuit against HUD for AFFH Suspension

NLIHC joined more than 50 housing, consumer, anti-homelessness and anti-poverty advocates in submitting an amicus brief supporting a lawsuit brought by three advocacy groups against HUD for suspending the obligation of jurisdictions to submit an Assessment of Fair Housing (AFH) as required by the Affirmatively Furthering Fair Housing (AFFH) rule (see Memo 5/14).

The National Fair Housing Alliance, Texas Low Income Housing Information Services (Texas Housers), and Texas Appleseed filed their suit on May 8, 2018. NLIHC signed onto the amicus brief, citing its long-time support of enforcing the affirmatively furthering fair housing obligations of the Fair Housing Act.

The plaintiffs assert that HUD violated the Administrative Procedure Act (APA) in three ways. First, HUD failed to provide public notice and comment before suspending the AFFH rule’s requirement for jurisdictions to submit an AFH. Second, HUD acted in an arbitrary and capricious manner because it did not provide a reasoned basis for the suspension. Finally, HUD abdicated its duty under the Fair Housing Act to ensure that recipients of HUD funds affirmatively further fair housing.

Read the amicus brief at:

Learn more about the lawsuit at: