On January 16, 2025, the U.S. Department of Housing and Urban Development (HUD) officially withdrew its proposed rule, “Affirmatively Furthering Fair Housing (AFFH),” originally published on February 9, 2023. This decision removes the rule from HUD’s regulatory agenda and formally ends its rulemaking process. Below is a summary of the proposal and its withdrawal.
Overview of the Proposed Rule
The AFFH proposed rule was intended to enhance HUD’s efforts to ensure compliance with the Fair Housing Act. Key provisions included:
- Reestablishing a Formal AFFH Planning Process: Requiring program participants to create comprehensive plans to meet fair housing goals.
- Introduction of an Enforcement Mechanism: Establishing a system to ensure compliance with the AFFH requirement.
- Strengthening Accountability: Enhancing transparency and public participation in the planning process.
The proposed rule aimed to support state and local governments, public housing agencies, and other HUD program participants in promoting fair housing and eliminating discriminatory housing practices.
AFFH Withdrawal Details
Announcement
HUD announced the withdrawal of the AFFH proposed rule in the Federal Register, effective January 16, 2025. The decision includes the removal of the rule from HUD’s Spring 2025 Unified Agenda of Regulatory and Deregulatory Actions.
Statement from HUD
HUD confirmed that it will not proceed with the proposed rule. If the department decides to revisit the topic in the future, it will do so through a new notice of proposed rulemaking, following the requirements of the Administrative Procedure Act.
Current Status of Fair Housing Compliance
The withdrawal of the AFFH rule does not affect the statutory duty of HUD program participants to affirmatively further fair housing, as outlined in the Fair Housing Act. Participants remain obligated to:
- Address discriminatory practices.
- Promote inclusive communities.
- Ensure equitable access to housing opportunities.
HUD continues to provide guidance and resources to assist program participants in meeting these obligations.
Next Steps for Stakeholders
With the withdrawal of this proposed rule, HUD’s current approach to affirmatively furthering fair housing will remain unchanged. Stakeholders, including local governments and public housing agencies, should continue to adhere to existing fair housing regulations and monitor any future updates to HUD’s regulatory agenda.
For additional resources, HUD’s fair housing guidance and tools are accessible on its website.
