HUD Strengthens Fair Housing Regulations

HUD ANNOUNCES NEW "AFFIRMATIVELY FURTHERING FAIR HOUSING" RULE

Rule expands upon HUD’s previous policy, implementing opportunities for transparency and accountability while bolstering economic equity for American families

The U.S. Department of Housing and Urban Development (HUD) will soon publish a Notice of Proposed Rulemaking in the Federal Register to fulfill the promise of the 1968 Fair Housing Act. The proposed rule aims to remedy the effects of the long history of housing discrimination and will help to promote opportunity in communities. This proposed rule meets President Biden's call to fully enforce the Fair Housing Act, outlined in Memorandum on Redressing Our Nation's and the Federal Government's History of Discriminatory Housing Practices and Policies.

This proposed rule implements the Fair Housing Act's affirmatively furthering fair housing mandate, which directs the government to promote fair housing choice, eliminate disparities in housing, and foster inclusive communities. This proposed rule streamlines the required fair housing analysis for local communities, states, and public housing agencies and requires them to set ambitious goals to address local fair housing issues.

This proposed rule would spur HUD program participants to take action to help protected classes have equitable access to affordable housing. It is designed to simplify the required fair housing analysis, emphasize goal-setting, increase public review and comment, bolster local commitment to addressing fair housing issues, enhance HUD technical assistance to local communities, and regular program evaluation and greater accountability, among other changes.

Under the proposed rule, program participants every five years would submit to HUD for review and acceptance an Equity Plan that must be developed following strong community engagement, would contain their analysis of local fair housing issues, goals, and strategies to remedy those issues, and a description of community engagement. The proposed rule requires program participants to incorporate goals and strategies from their Equity Plans into their Consolidated Plans, Annual Action Plans, and Public Housing Agency Plans). Both the Equity Plans and the annual progress evaluations would be posted online. The public can file complaints with HUD if program participants are not living up to their AFFH commitments.

HUD seeks public comment on this proposed rule and invites the public to submit their views, comments, and recommendations for improvement. Comments may be submitted electronically through www.regulations.gov, or through the methods described in the proposed rule.

Read HUD's Notice of Proposed Rulemaking on Affirmatively Furthering Fair Housing.

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Source: Read the HUD January 19, 2023 release.