Background of the AFFH Rule

The Affirmatively Furthering Fair Housing (AFFH) rule was first implemented in 2015 during the Obama administration, aiming to address housing disparities related to race and economics. This rule mandates local governments to assess housing patterns and devise corrective actions in coordination with the Department of Housing and Urban Development (HUD). In 2021, the rule was reinstated under President Joe Biden.

Criticism of the AFFH Rule

Critics, such as HUD Secretary Turner, argue that the AFFH rule creates excessive regulatory burdens. He described it as transforming HUD into a “national zoning board,” resulting in what he termed a “top-down intrusion on local decision-making” from the federal government.

Turner specifically criticized the complexity involved in complying with the rule, noting that local governments were often required to complete extensive analyses and reports, which he claimed were nearly impossible to fulfill. For example, Philadelphia submitted an 800-page report, much of which was rejected by HUD.

Case Studies: Philadelphia and Dubuque

Turner cited the case of Philadelphia, which faced challenges in fulfilling the detailed requirements of the AFFH rule. Additionally, he referenced Dubuque, Iowa, which was accused of discrimination for prioritizing its local public housing needs over those of residents from Chicago. Despite being over 200 miles apart, Dubuque was grouped with Chicago as part of a broader regional initiative, raising concerns about the fairness of such classifications.

Future of Fair Housing Enforcement

Despite the repeal of the AFFH, Turner emphasized that fair housing practices will remain enforced under federal law, particularly through the Fair Housing Act, which makes housing discrimination illegal. This assurance follows a coalition of over 100 consumer and civil rights advocates who opposed the changes to the AFFH rule.

Advocacy Perspectives

Nikitra Bailey, executive vice president of the National Fair Housing Alliance, articulated a vision of equitable neighborhoods, stating, “Imagine a society in which every child and every person can live in a neighborhood with ample affordable and accessible housing, fresh air, clean water, good public transportation, living wage jobs, quality healthcare, healthy foods, and affordable credit. That is what affirmatively furthering fair housing means.”