HUD Announces Termination of AFFH Rule

On July 23, 2020, Secretary Ben Carson announced in a press release that the U.S. Department of Housing and Urban Development (HUD)  will terminate the Affirmatively Furthering Fair Housing (AFFH) regulation issued under the Obama administration. The rule required cities and towns that receive federal funding to examine local housing patterns for racial bias and design a plan to address any measurable bias.

In its place, HUD has created a new rule, called Preserving Community and Neighborhood Choice, which defines fair housing more broadly to mean housing that, among other attributes, is affordable, safe, decent, free of unlawful discrimination, and accessible under civil rights laws. It then defines “affirmatively furthering fair housing” to mean any action rationally related to promoting any of the above attributes of fair housing. The new rule will rely on local governments to self-certify that they are furthering fair housing. 

The public will not have a chance to weigh in on this new rule and it is considered final.

On March 16, 2020, CHAPA submitted comments to HUD opposing its proposed change to the AFFH rule.