Showing posts with label US Department of Housing and Urban Development. Show all posts
Showing posts with label US Department of Housing and Urban Development. Show all posts

Thursday, March 6, 2025

HUD Publishes Very Weakened Version of the Affirmatively Furthering Fair Housing Rule in the Federal Register

 

On March 3, 2025, the U.S. Department of Housing and Urban Development (HUD) published its stripped-down version of the Affirmatively Furthering Fair Housing (AFFH) Rule in the Federal Register. This interim final rule repeals the 2021 interim final rule, including any parts of the 2015 AFFH Rule incorporated therein, and the 1994 AI requirements where they appear in regulation or guidance.

The Affirmatively Furthering Fair Housing (AFFH) Rule is intended to implement a provision of the Fair Housing Act of 1968, which banned housing discrimination and predatory real estate practices. The AFFH was designed to help local governments and housing agencies proactively address persistent barriers to fair housing and equal opportunity. Learn more about the history of the Fair Housing Act and the AFFH rule at the National Fair Housing Alliance

Under the new AFFH Interim Final Rule (IFR), jurisdictions will still be required to certify that they are affirmatively furthering fair housing (AFFH). However, these certifications will be deemed sufficient as long as the jurisdiction took any action during the period that is rationally related to promoting fair housing, such as efforts to eliminate housing discrimination or to improve housing conditions. Unlike previous requirements, jurisdictions will not need to provide detailed reports or justifications to demonstrate compliance.

The rule will be finalized on April 2, 2025. HUD is inviting public comment on the IFR for a 60-day period until May 2, 2025 and has said that all feedback will be considered as part of its ongoing review to ensure consistency. Comments can be submitted to the Federal Register: Federal Register: Affirmatively Furthering Fair Housing Revisions.

To support stakeholders in the AFFH public comment process, PolicyLink has developed a public comment guide for the Biden Administration’s 2023 Proposed AFFH Rule. While the 2025 IFR differs from the 2023 proposed rule, the guidance in this resource are relevant. The Guide provides essential tools to help individuals and organizations craft strong, equity-focused comments, including: strategies for advancing equity in public comments, An overview of the federal rulemaking and public comment process, a step-by-step guide to writing and submitting effective feedback, key data sources to strengthen your comment, Sample language tailored for organizations across sectors 

PolicyLink Comment on 2023 Proposed AFFH Rule

PolicyLink Full Comment Guide for the 2023 proposed AFFH Rule

Despite this shift at the federal level, states and local jurisdictions can continue to implement their own policies and planning efforts to promote inclusive communities. 

Explore more about AFFH and access additional advocacy tools:

Alliance for Housing Justice: Understanding AFFH - Affirmatively Furthering Fair Housing | AHJ 

National Fair Housing Alliance: Affirmatively Furthering Fair Housing - NFHA 

National Housing Law Project: Affirmatively Furthering Fair Housing | NHLP 

National Low Income Housing Coalition: Racial Equity and Fair Housing: Affirmatively Furthering Fair Housing (AFFH) 

PRRAC: Affirmatively Furthering Fair Housing (AFFH)   



Read the March 3, 2025 PolicyLink article.

Tuesday, October 15, 2024

HUD Charges New Hampshire Property Managers and Landlord with Discrimination for a Retaliatory Eviction

 

The U.S. Department of Housing and Urban Development (HUD) has charged Greenview Associates L.P., Palmer Asset Management, LLC, and John Martin, property managers and landlord in Manchester, New Hampshire, with violating the Fair Housing Act by retaliating, threatening, or interfering with a tenant’s fair housing rights. HUD’s Charge alleges that, following the tenant’s filing of a Fair Housing complaint with HUD, the landlord and property manager did a background check on the tenant, not their usual practice of not running background checks, and then sought eviction of the tenant based on a long-past event that the background check revealed. Read HUD’s Charge.

A U. S. Administrative Law Judge will hear HUD’s charge unless any party to the charge elects to have the case heard in federal district court. If an administrative law judge finds, after a hearing, that discrimination has occurred, they may award damages to the individuals for their losses as a result of the discrimination, injunctive relief, other equitable relief, and payment of attorney fees. In addition, the judge may impose civil penalties to vindicate the public interest. If the federal court hears the case, the judge may also award punitive damages to the complainant.

For more information on potentially discriminatory evictions, please refer to this HUD Fact Sheet.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) 800-927-9275 (TTY). Additional information is available at www.hud.gov/fairhousing and www.justice.gov. Materials and assistance are available for persons with limited English proficiency. Individuals who are deaf or hard of hearing may contact the Department using the Federal Relay Service at (800) 877-8339.