Biden Administration to Reinstate Affirmatively Furthering Fair Housing, Disparate Impact Rules

The pendulum swings on federal fair housing law.

1 minute read

April 18, 2021, 5:00 AM PDT

By James Brasuell @CasualBrasuell


Washington, D.C.

Mark Van Scyoc / Shutterstock

Kriston Capps reports:

[T]he U.S. Department of Housing and Urban Development submitted two fair housing rules for review. One is the Affirmatively Furthering Fair Housing rule, which requires local governments that accept federal housing dollars to review their policies and actively work toward reversing segregation. The other is the discriminatory effects standard, better known as the disparate impact rule, which bars seemingly neutral policies in lending, renting and selling that result in discrimination.

As noted by Capps, the Biden administration is following through on a promise to restore rules scrapped by the Trump administration in a high-profile move motivated by his failed bid for reelection.

According to Capps, the AFFH rule proposed this month by the Biden administration is an interim rule, paving the way for a fuller AFFH measure. An update of the AFFH rule could provide an opportunity to improve on some of the limitations and weaknesses of the AFFH rule adopted by the Obama administration in 2015.

"The new disparate impact regulation, meanwhile, is a proposed rule, which gives the public the opportunity to weigh in before it takes effect," reports Capps.

Tuesday, April 13, 2021 in Bloomberg CityLab

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Cover CM Credits, Earn Certificates, Push Your Career Forward

Aerial view of town of Wailuku in Maui, Hawaii with mountains in background against cloudy sunset sky.

Maui's Vacation Rental Debate Turns Ugly

Verbal attacks, misinformation campaigns and fistfights plague a high-stakes debate to convert thousands of vacation rentals into long-term housing.

July 1, 2025 - Honolulu Civil Beat

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

July 2, 2025 - Diana Ionescu

White and purple sign for Slow Street in San Francisco, California with people crossing crosswalk.

San Francisco Suspends Traffic Calming Amidst Record Deaths

Citing “a challenging fiscal landscape,” the city will cease the program on the heels of 42 traffic deaths, including 24 pedestrians.

July 1, 2025 - KQED

Google street view image of strip mall in suburban Duncanville, Texas.

Adaptive Reuse Will Create Housing in a Suburban Texas Strip Mall

A developer is reimagining a strip mall property as a mixed-use complex with housing and retail.

3 hours ago - Parking Reform Network

Blue tarps covering tents set up by unhoused people along chain link fence on concrete sidewalk.

Study: Anti-Homelessness Laws Don’t Work

Research shows that punitive measures that criminalized unhoused people don’t help reduce homelessness.

5 hours ago - Next City

Aerial tram moving along cable in hilly area in Medellin, Colombia.

In U.S., Urban Gondolas Face Uphill Battle

Cities in Latin America and Europe have embraced aerial transitways — AKA gondolas — as sustainable, convenient urban transport, especially in tricky geographies. American cities have yet to catch up.

7 hours ago - InTransition Magazine