HUD Secretary Carson Terminates Affirmatively Furthering Fair Housing Rule

Filed in Codes and Standards by on July 23, 2020 7 Comments

U.S. Department of Housing and Urban Development (HUD) Secretary Ben Carson today announced that HUD will terminate the Obama-era Affirmatively Furthering Fair Housing (AFFH) regulation issued in 2015.

“After reviewing thousands of comments on the proposed changes to the Affirmatively Furthering Fair Housing (AFFH) regulation, we found it to be unworkable and ultimately a waste of time for localities to comply with, too often resulting in funds being steered away from communities that need them most,” said Secretary Carson.“

“NAHB recognizes and supports the intent of Affirmatively Furthering Fair Housing,” said NAHB Chairman Chuck Fowke. “Attempts to develop workable AFFH regulations, however, have been unsuccessful and local governments’ attempts at compliance did little to advance fair housing. There now is a great opportunity to truly advance the goals of the 1968 Fair Housing Act and we look forward to the Trump administration and HUD working with the many stakeholders to achieve those goals.”

The Preserving Community and Neighborhood Choice final rule replaces the 2015 AFFH regulation and 1994 Analysis of Impediments (AI) requirements. Under the new rule (which becomes effective 30 days after publication in the Federal Register), “AFFH certifications provided by grantees will be deemed sufficient provided they took any action during the relevant period rationally related to promoting fair housing, such as helping eliminate housing discrimination.”

NAHB is reviewing the final rule.

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Comments (7)

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  1. TP says:

    What a joke. The thing will basically stay with minor revision, but will have the “Obama” stripped from it. No surprise there from Trump administration.

  2. CT says:

    Is the new rule fundamentally the same as the rule I previously heard about that requires jurisdictions to review the things they do that cause segregation and discrimination and make plans to address at least 3? If so that’s one of the largest attacks I’ve heard of on the massive systemic racism and segregation of regulation in housing and construction. It is also great for housing affordability for all. Zoning, the Building Code, Environmental requirements and everything else has a huge segregationist and racist impact and this needs to be acknowledged and addressed rather than turned a blind eye to because it’s an inconvenient truth.

    • TP says:

      Basically the same. Just Trump had to take Obama’s name out of it.

    • CH says:

      The issue is that new construction gets bottle necked in the complicated review process and subjective parameters, and that leads to a shortage of affordable housing so desperately needed.

    • B says:

      The new rule has been a massive burden on small localities and has required unnecessary expenses to be diverted towards admin and consultants to just develop the extensive plan with zero support for additional implementation financing. The AFFH Rule in 2015 basically put unrealistic planning requirements on entities without any support for development or implementation ~ there was already an analysis requirement pre-2015.

      • Ken Bryant says:

        The problem is, the purpose and the spirit of the 1968 fair housing laws in part have been ignored. While progress has been made in that, in most cases the deed restrictions preventing the selling of properties to people of color are not being enforced. Along with the FHA no longer overtly restricting funding for black people. However, the larger and more subtle adverse economic impact of access to FAIR HOUSING remains.

  3. I just found out about this issue. So I am some what naïve about it. My first understanding; is that if a developer, or business wants to get a government funded grant. AFFH looks ate the Zone; and the funded grant. After that; depending on their findings; could reorganize the area and go as far as to adjust property taxes in give areas to find the money to fund part of the Grant.
    Like I say. I just heard about this. I am looking for answers too.

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