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.

A Black Family’s Home was Too Close to a White School. So D.C. Took it in 1931.

 

A documentary Diminished Returns: The Black Wealth Gap in Washington, D.C. has been released examining the travails of the Black Julien family and similar stories to explain the huge wealth gap between Black and White Washington. The film was written and directed by Dr. Sabiyha Prince and executive produced by Temi F. Bennett. The documentary, which debuted in the District in 2024, is a product of iF, A Foundation for Radical Possibility. The documentary features District leaders such as D.C. Councilmember Kenyan McDuffie (I-At Large), historian G. Derek Musgrove, and anti-mass incarceration activist Tony Lewis Jr., talking about how the racial wealth gap negatively impacts Blacks economically, politically, and socially.

The Black Julien family - direct descendants of George and Martha Washington’s enslaved maid - had 0.38 acres of land and a house on Broad Branch Road in Northwest Washington. In the spot where it once stood is now a basketball court. It was taken from the family by the federal government’s D.C. Commission in 1931. Because they were Black. “The Presence of this house, with its colored occupants, so close to a white school is a source of possible friction that is thought desirable to remove,” Assistant Engineer Commissioner H.L. Robb explained in the Evening Star.  They were not evicted because the new School needed the space: the new all-White Lafayette School was nearly constructed when the family was told to leave, and it was made clear why. This was the end of Chevy Chase as a thriving Black neighborhood.

The filmmakers examine the way these forced evictions and continuing housing discrimination have left the District’s White households with 81 times the median savings and assets as its Black households, a 2016 report showed. “It’s happening all over the country,” said Prince. “It’s repeated, and it has devastating impacts on the economies of Black households and what they can hand down to their progeny moving forward, right? Because that’s a key way in which people accumulate wealth, through inheritances,” Prince said. History and data show that lack of consideration for equity over centuries created the wealth gap. 

The film makes the argument for giving reparations to families such as the Juliens in D.C. to right this wrong. And the filmmakers believe the nation’s capital is the best place to do this because there is a precedent. On April 16, 1862, President Abraham Lincoln signed the “Act for the Release of certain Persons held to Service or Labor within the District of Columbia.”  That paid former enslavers $300 for every person who was emancipated - 3,100 in total. That cost the U.S. government $930,000, almost $30 million today.

In total, the Julien family was forced out three times. In addition to the Broad Branch Road incident, Black homes part of “Freedman’s Village,” built for emancipated people to restart their lives in 1863, were seized in 1900 with the land incorporated into Arlington National Cemetery. Another was after Julien’s family moved to Irving Street in Northwest Washington but was displaced when a school was built there, Julien said in an oral history interview with the Historic Chevy Chase D.C. The historic society currently has an educational project "Black Land Loss: Chevy Chase DC in the Arc of American History: Tracing a Black Enclave from the 18th to the 21st Centuries."

When the Diminished Returns documentary was being made in 2023, the D.C. Council was getting ready to act on landmark legislation, the “Reparations Foundation Fund and Task Force Establishment Act,” that would create a group to study reparation proposals. Renamed the “Insurance Database Amendment Act,” it is not yet codified but projected to become effective on March 6, 2025.

Read the February 28, 2025 Washington Post article.

Read the December 4, 2024 Washington Informer article.

Oregon Man Pleads Guilty in Swatting and Bomb Threats Scheme That Targeted Jewish Hospitals in New York City and Long Island

 

In federal court in Brooklyn, Domagoj Patkovic has pleaded guilty to conspiring to make threats concerning explosives and conveying false information concerning explosives.  The proceeding was held before U.S. District Judge Ramon E. Reyes.  When sentenced, Patkovic faces up to 15 years in prison.  Patkovic was charged in August 2024. 

“As he admitted today, the defendant intentionally targeted Jewish hospitals and care centers in our District with bomb threats.  In doing so, he needlessly endangered patients and staff and diverted critical law enforcement resources from their core mission of keeping our community safe,” stated U.S. Attorney Durham. “We will prosecute dangerous bomb threats and swatting schemes to the fullest extent of the law.” Swatting is a criminal harassment act of deceiving an emergency service into sending a police or emergency service response team to another person's address.

According to prosecutors, Patkovic was part of a crew of troublemakers who began making anonymous threatening calls to Jewish hospitals and facilities on Long Island among other targets throughout the country in May 2021 - and livestreamed the hoaxes on social media and electronic devices. As set forth in the indictment and in court filings, the defendant himself made threats in at least six separate calls to hospitals (when he told hospital staffer he wanted to kill all Jews, using an antisemitic slur, according to prosecutors) and on a call with local law enforcement who had responded to a 911 notification from one of the hospitals. On several occasions, local police responded to the scene and conducted bomb sweeps. On at least one occasion in September 2021, the hoax bomb threat resulted in a partial evacuation and lockdown of an entire hospital on Long Island. No explosive devices were ultimately found in any of the locations.

Durham expressed his appreciation to the Federal Bureau of Investigation, New York Field Office, the New York City Police Department, Nassau County Police Department and the U.S. Attorney’s Office for the District of Oregon for their assistance on the case.

Read the February 19, 2025 DOJ article.

After Neo-Nazis Targeted a Majority-Black Town. Locals Launched an Armed Watch

 

On February 7th, a U haul van full of neo-Nazis gathered in the predominantly Black Cincinnati suburb of Lincoln Heights, which boasts a modest population of 3,144 people. They wore masks and carried guns as they called residents racist slurs. The group of white supremacists also waved flags with red swastikas on a highway overpass. The town originated as a self-governing Black community for laborers blocked from Cincinnati and surrounding towns because of their race, and is the oldest north of the Mason-Dixon Line, it proclaims on its website. The neo-Nazis also marched that same day in Evendale, a nearby village. 

Two weeks after that disturbing incident, someone - presumably another white supremacist - spread racist pamphlets from the Ku Klux Klan all over Lincoln Heights. Disappointed by local law enforcement officials who did not spring into action to protect them, Black residents have now taken things into their own hands.

Lincoln Heights' police department was disbanded in 2014; the area is served by the Hamilton County Sheriff’s Office. Following the February 7th demonstration, residents - alongside Hamilton County Commissioner Alicia Reece - questioned why police made no arrests or citations after the neo-Nazis intimidated residents and threatened racist violence. Evendale police also released body-camera footage showing officers being cordial with the masked group. 

As a result, the Lincoln Heights Safety and Watch Program was formed. Black men now are carrying rifles to guard the roads that lead directly into Lincoln Heights, questioning anyone trying to enter. Ohio is an open-carry state and folks are taking advantage of that, according to spokesperson Daronce Daniels, a spokesman for Program, which coordinates the guards who serves as guards for Lincoln Heights. The program directs members to report suspicious activity to the Hamilton County Sheriff’s Office.“ An American individual protecting his homeland with a firearm - I thought that was the most American thing that we [could] do,” he said.

The Hamilton County prosecuting attorney’s office is reviewing the neo-Nazi rally to determine if it will make criminal charges but said it would take time to complete a thorough assessment given the volume of evidence.

Daniels said the Lincoln Heights guards will continue patrolling their village for the foreseeable future. They feel they are still under threat. 

The Village of Lincoln Heights and members of the Lincoln Heights Missionary Baptist Church have initiated a public boycott of Evendale after their frustration with the Evendale Police Department (EPD) and Evendale leaders regarding the neo-Nazi demonstration that occurred February 7th. The Rev. Dr. Julian Cook, pastor of the Lincoln Heights Missionary Baptist Church, said at a February. 24  press conference at the church that no arrests or citations have been made by the EPD in connection with the incident. However, he expressed appreciation for  Evendale officials’ decision to hire a third-party team to evaluate their handling of the demonstration.

Read the February 27, 2025 Washington Post article.

Read the February 25, 2025 NBC News article.

Read the February 27, 2025 Cincinnati Herald article.

Obituary: L. Clifford Davis, Civil Rights Lawyer & Judge, 100

 

Davis was a civil rights lawyer in the 1950s who helped integrate Texas public schools that had resisted the landmark U.S. Supreme Court decision overturning the principle of “separate but equal.” He recalled assisting Thurgood Marshall, then the chief of the NAACP Legal Defense and Educational Fund, with the legal work supporting Brown v. Board of Education, which ended with a unanimous 1954 US Supreme Court decision in which the justices ruled that segregated public schools were unconstitutional.

After graduating from Howard University School of Law in 1949, Davis practiced civil rights law in Pine Bluff, Arkansas, one of nine Black lawyers in the entire state. Seeing a greater need for his services in Texas, where racial segregation was more prevalent, he moved to Texas. He became licensed in Texas in 1953, and in 1954, moved to Fort Worth, where he was one of only two Black lawyers in the city.

In 1955, Davis was the lead attorney in a lawsuit, Jackson v. Rawdon, seeking the admission of several Black students to public schools in Mansfield, a Fort Worth suburb that was then a farming community. A federal appeals court judge ordered that the schools integrate. Despite that ruling, and despite the US Supreme Court’s earlier decision in Brown, segregationists in the district fiercely opposed the mandate.

As the new school year began in 1956, mobs tried to prevent Black students from entering the local high school. A Black student was hung in effigy from a noose downtown. Other effigies were hung at the school entrance and from a flagpole. Gov. Allan Shivers, a Democrat who had denounced the Brown decision, dispatched the Texas Rangers. At one point, according to an account in the New York Times, an Episcopal minister attempted to quell the mob, remarking that it was difficult to “put the Bible’s ‘love thy neighbor’ together with this crowd.” “This ain’t a ‘love thy neighbor’ crowd!” one of the White resisters yelled back. Davis conceded it was simply too dangerous to send Black students into Mansfield High School. “All we were asking them to do was to just follow the law,” he told the Dallas Morning News in 2003. “That’s all. The appeals court ordered the [trial] judge to follow the law, that’s all. He entered the integration order, but we couldn’t go into the schools. It would have been totally unsafe for us to go.”

In 1959, Davis filed Flax, et al. v. Potts, another federal civil rights suit, which led to the desegregation of the Fort Worth Independent School District. He was lead attorney on many noteworthy cases over his career, including the race discrimination class action suit against General Dynamics, In the 1960s he became one of the first Black lawyers to join the Tarrant County Bar Association and in 1983, he was first appointed and then elected to the Texas Criminal District Court No. 2 district court bench, becoming one of the first Black state district judges in Tarrant County, where he served on the bench until 1988.

Davis received numerous awards from other social organizations. He was recognized by his peers in 1997 when he received the Tarrant County Bar Association's highest award and was inducted into the National Bar Association Hall of Fame. He was also recognized by the NAACP and awarded the “William Robert Ming Award” for his efforts with their legal affairs.

Read the February 21, 2025 Washington Post article.

Read the obituary by the L. Clifford Davis Legal Association.

102-Year-Old Holocaust Survivor is Vogue Germany’s Cover Star

A 102-year-old Holocaust survivor whose family was murdered at Auschwitz is the cover star for the July/August edition of Vogue Germany. Margot Friedländer, née Bendheim, was born in Berlin in 1921. According to a brief bio on the website of Berlin’s Jewish Museum, Friedländer spent the early part of the war with her mother and younger brother Ralph after her parents separated. They had plans to flee the country but in 1943 her brother was arrested by the Gestapo. Their mother confronted the Gestapo, which led to her being deported to Auschwitz with her son, where they were both murdered. But before leaving, she left behind a message for her daughter that read: “Try to make your life.” Friedländer, then just 21 years old, went into hiding but was ultimately betrayed by “catchers” and was sent to Theresienstadt camp in the then-Nazi occupied Czechoslovakia in 1944, according to the museum.

Kerstin Weng, head of editorial content at the magazine, said that the theme of the issue was love, featuring their “favorite pieces, favorite people.” The front of the collector’s issue includes the word “love” written by Friedländer, as well as her signature. The multi-page piece, which includes numerous shots of Friedländer, covers a range of topics, from growing up in Nazi Germany to her commitment as a Holocaust survivor today. The collector's issue of Vogue Germany is available on newsstands from June 22.

Friedländer met her future husband, Adolf, while in the Nazi concentration camp, and married him soon after liberation. The pair emigrated to the US in 1946 and lived in New York for more than six decades. But in 2010, following her husband’s death aged 88, Friedländer moved back to Berlin. Ever since, she has been campaigning as a Holocaust educator. Her tireless efforts have earnt her numerous awards, including the Federal Cross of Merit First Class.

Friedländer told Vogue Germany that she was “appalled” by the growth of right-wing populism and the rise of antisemitic attacks. When addressing the issue of society becoming more polarized, she said: “Look not toward what separates us. Look towards what bring us together. Be People. Be sensible.” Grateful for the opportunity to pass on her message, she said: “You will carry my story onward. That this never comes to happen again.”

Read the June 20, 2024 CNN.com article.

CFPB Takes Action Against Draper & Kramer Mortgage for Discriminatory Mortgage Lending Practices Including Redlined Neighborhoods in Chicago and Boston

The Consumer Financial Protection Bureau (CFPB) has taken action against Draper & Kramer Mortgage Corporation (Draper) for discriminatory mortgage lending activities that discouraged homebuyers from applying to Draper for homes in majority-Black and Hispanic neighborhoods in the greater Chicago and Boston areas. The CFPB alleges that Draper located all its offices in majority-white neighborhoods, concentrated its marketing in majority-white neighborhoods, and avoided marketing to majority-Black and Hispanic areas. These actions resulted in disproportionately low numbers of mortgage loan applications and mortgage loan originations from majority-Black and Hispanic neighborhoods in Chicago and Boston compared to other lenders. If entered by the court, the proposed order announced today would ban Draper from engaging in residential mortgage lending activities for five years, and require Draper to pay a $1.5 million civil money penalty into the CFPB’s victims relief fund.

Draper & Kramer Mortgage Corporation is a non-depository mortgage lender based in Downers Grove, Illinois. Draper received applications and originated mortgage loans across the country, including in Illinois, Indiana, Massachusetts, New Hampshire, and Wisconsin.

The CFPB alleges that, from 2019-2021, Draper engaged in redlining majority-Black and Hispanic neighborhoods in the greater Chicago and Boston areas, resulting in it significantly underperforming its peers in lending activity to these areas. Draper discouraged mortgage applicants from making or pursuing an application for credit on the basis of race, color, and national origin, violating the Equal Credit Opportunity Act and Regulation B.

Specifically, the CFPB alleges that Draper violated the law by:

(1) Intentionally focusing mortgage lending activities in majority-white neighborhoods and excluding Black and Hispanic neighborhoods: Draper had no offices, no loan officers, and virtually no marketing or outreach in majority- or high-Black and Hispanic neighborhoods in Chicago and Boston. Draper did not assign any loan officers to solicit applications in majority-Black and Hispanic communities and failed to train or incentivize its loan officers to lend in these communities. Draper’s outreach and marketing specifically targeted majority-white neighborhoods and mostly avoided majority-Black and Hispanic neighborhoods.

(2) Discouraging mortgage applicants from pursuing properties in majority-Black and Hispanic neighborhoods: Draper’s business model discouraged borrowers from applying for loans to purchase property located in these neighborhoods. Draper’s peer lenders generated applications for properties in majority-Black and Hispanic areas in the Chicago metro area at over two and-a-half times the rate and in the Boston metro area at three times the rate that Draper generated such applications. Draper also originated disproportionately low amounts of mortgage loans for properties in these neighborhoods, with peers in Chicago and Boston originating two and-a-half times more loans than Draper in majority-Black and Hispanic neighborhoods.

Under the Consumer Financial Protection Act, the CFPB has the authority to take action against institutions violating consumer financial laws, including the Equal Credit Opportunity Act and engaging in unfair, deceptive, or abusive acts and practices.

If entered by the court, the order would require Draper to:

• Cease residential mortgage lending activities for five years: For that period, Draper cannot perform any residential mortgage lending activities, nor receive any compensation for any residential mortgage lending.
• Pay a $1.5 million civil penalty to the CFPB’s victims relief fund.

Read today’s proposed order.

Consumers can submit complaints about financial products and services by visiting the CFPB’s website or by calling (855) 411-CFPB (2372).

Employees who believe their company has violated federal consumer financial protection laws are encouraged to send information about what they know to whistleblower@cfpb.gov. To learn more about reporting potential industry misconduct, visit the CFPB’s website.

Read the January 17, 2025 CFPB article.