WASHINGTON – Aug. 22, 2018 – In the wake of a federal court decision upholding the U.S. Department of Housing and Urban Development’s approach to rulemaking, HUD Secretary Ben Carson today announced that HUD intends to move forward in amending its 2015 Affirmatively Furthering Fair Housing (AFFH) regulations.
Last week, Chief Judge Beryl A. Howell, of the U.S. District Court for the District of Columbia, dismissed a lawsuit against HUD related to the Department’s decision to suspend the use of a computer tool to be used by local governments in meeting their fair housing obligations to ‘affirmatively further fair housing.’ Rather than helping local governments, HUD claims that the tool proved confusing, difficult to use and frequently produced unacceptable results. Read the Court’s ruling.
HUD Secretary Carson said he was “tremendously gratified that the Court agreed with HUD on all its legal arguments.”
On Aug. 13, 2018, HUD published a notice inviting public comment on amendments to the Department’s AFFH regulations. Specifically, HUD says it’s seeking public comment on changes that will:
- Minimize regulatory burden while more effectively aiding program participants to meet their statutory obligations
- Create a process focused primarily on accomplishing positive results rather than on analysis
- Provide for greater local control and innovation
- Seek to encourage actions that increase housing choice, including through greater housing supply
- More efficiently utilize HUD resources
HUD plans a number of informal listening forums across the country to hear directly from interested stakeholders, including civil rights advocates, public housing authorities, and state and local planners.
Information on how to comment is posted online in HUD’s Advance Notice of Proposed Rulemaking.
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