HUD Terminates Obama Administration AFFH Rule

HUD released a new final rule, Preserving Community and Neighborhood Choice, which would replace the Obama Administration’s Affirmatively Furthering Fair Housing (AFFH) rule. Under the AFFH mandate in the Fair Housing Act, localities receiving federal assistance must take meaningful actions to undo federal, state and local discriminatory policies and practices. Under the new rule, a federal grantee would be required to certify that it has affirmatively furthered fair housing. The final rule has yet to be officially published in the Federal Register. Comments are due 30 days after publication.

HUD Secretary Dr. Benjamin Carson appeared on Fox News July 24 to further discuss the decision to terminate the AFFH. Secretary Carson called the ruled “overly burdensome” and put the government in charge of how communities were built and operated.

Several civil rights and housing groups have called on Secretary Caron to rescind the final rule and reinstate the 2015 AFFH regulation.