A 2015 Department of Housing and Urban Development (HUD) rule, called Affirmatively Further Fair Housing (AFFH), had presented guidelines for what constitutes barriers to fair housing and required recipients of HUD funding to reduce or eliminate these barriers. This rule was deemed to be an overstep of federal bounds, as matters of this nature should be determined at a local level. The HUD’s new rule, called Preserving Community and Neighborhood Choice, still requires funding recipients to affirm that they’ve furthered fair housing, but no longer offers any guidelines for what that means.
Of course, this is no longer federal overreach, but that’s because it doesn’t actually do anything. Barring any state or local laws, the definition of fair housing is now entirely up to the individual receiving the funds. With no need to report any plans or data, the recipient can simply affirm that they did further fair housing, without needing to change anything or provide any proof. In essence, the HUD has simply eliminated the AFFH while pretending it was a partial rollback.
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