White House Reinstates Affirmatively Furthering Fair Housing Rule

The Affirmatively Furthering Fair Housing rule is back, but with one critical change that seems to respond to complaints used by Trump administration officials to rescind the rule in 2020.

Read Time: 2 minutes

June 14, 2021, 5:00 AM PDT

By James Brasuell @CasualBrasuell


Rep. Marcia Fudge

Secretary of the U.S. Department of Housing and Urban Development Marcia Fudge | Tim Evanson fr / Rep. Marcia Fudge

Tracy Jan reports:

Nearly a year after the Trump administration replaced an Obama-era fair housing rule that critics decried as “burdensome” and that President Donald Trump alleged would “abolish” suburbs, President Biden’s housing department is restoring the requirement that communities take steps to reduce racial segregation or risk losing federal funds.

The Biden administration proposed the rule change back in April.

The reinstated Affirmatively Furthering Fair Housing (AFFH) rule will have significant differences from the original version crafted by the Obama administration. A mandate that "communities undergo an extensive analysis of local barriers to integration and submit plans to dismantle them to the Department of Housing and Urban Development" has been nixed, explains Tran. The Biden administration justified the change by describing the assessment requirement as "unnecessarily burdensome," echoing former HUD Secretary Ben Carson's criticism of the AFFH.

Jonathan Zasloff—who has criticized the AFFH as implemented by the Obama administration as ineffective in an article for Planetizen in August 2020—is quoted in the article criticizing the Biden administration's changes to the AFFH rule.

“This doesn’t reverse the damage of the Trump administration,” said Jonathan Zasloff, a professor who teaches housing discrimination at UCLA School of Law. “The entire point of the 2015 rule was to have a standard data set. What gets measured gets dealt with.”

According to the article, local jurisdictions "must still maintain records of the actions they are taking to promote fair housing, even if they are not required to submit them." 

Wednesday, June 9, 2021 in The Washington Post

Chicago Commute

The Right to Mobility

As we consider how to decarbonize transportation, preserving mobility, especially for lower- and middle-income people, must be a priority.

January 26, 2023 - Angie Schmitt

Aerial view of Bend, Oregon with river and old mill district

Bend Eliminates Parking Minimums

The city is complying with an Oregon state mandate that some cities have challenged in court.

January 20, 2023 - KTVZ

Sunset view over canal and downtown Scottsdale, Arizona

Scottsdale Cuts Water Supply to Nearby Suburb

The city claims it has no responsibility to provide water to the unincorporated Maricopa County community.

January 18, 2023 - The Washington Post

Passengers on Boston subway platform with blurred speeding train passing by

Assessing Transit Equity in Boston

The Transit Equity Dashboard highlights stark disparities in access to jobs, healthcare, and other essential services between Boston neighborhoods.

17 minutes ago - Transit Center

Pedestrians and people on bikes on Atlanta BeltLine multiuse trail

How To Prevent ‘Green Gentrification:’ Lessons from the BeltLine

For one author, the key is focusing on affordable housing from the start.

January 27 - The Conversation

View of stone-paved street with pedestrians and "Farmers Market" neon sign on left and old buildings on right in Seattle, Washington

Push and Pull: The Link Between Walkability and Affordability

The increased demand for walkable urban spaces could make them more and more exclusionary if cities don’t pursue policies to limit displacement and boost affordability.

January 27 - Smart Cities Dive