Today, Secretary Scott Turner of the U.S. Department of Housing and Urban Development (HUD) announced the termination of the 2021 Affirmatively Furthering Fair Housing (AFFH) rule, introduced during the Biden administration. The move aims to reduce regulatory burdens on localities and return decision-making power to state and local governments.
The Biden-era AFFH rule has been criticized for acting as a "zoning tax," which increased housing costs and reduced affordable housing supply by imposing restrictions on local land use. "Local and state governments understand the needs of their communities much better than bureaucrats in Washington D.C. Terminating this rule restores trust in local communities and property owners while protecting America’s suburbs and neighborhood integrity," stated Secretary Turner.
Secretary Turner emphasized that ending the AFFH rule would relieve localities from extensive paperwork requirements, allowing them to allocate resources more effectively. He noted that this action returns control over zoning, home building, transportation, and other decisions to local leaders. "As HUD returns to the original understanding and enforcement of the law without onerous compliance requirements, we can better serve rural, urban, and tribal communities that need access to fair and affordable housing," he said.
Turner acknowledged concerns about communities adversely affected by recent AFFH rules. "Returning to the law as written will advance market-driven development and allow American neighborhoods to flourish."
The Fair Housing Act (FHA), part of the Civil Rights Act of 1968, prohibits housing discrimination based on various factors including race and religion. It also mandates federal agencies receiving housing funds to promote fair housing actively.
In 2015, under President Obama, an expanded AFFH rule increased federal involvement in zoning decisions through detailed certification processes. This included jurisdictional analysis requirements that were deemed complex by some stakeholders.
The first Trump administration ended this version in 2020 due to perceived costliness and inefficacy before its restoration under President Biden in 2021.
With Turner's latest directive, a locality's certification confirming adherence to fair housing principles as per FHA standards will suffice moving forward.
