National CAPACD opposes the U.S. Department of Housing and Urban Development’s (HUD) decision to release an interim rule that weakens the duty to Affirmatively Further Fair Housing (AFFH), which it is closing for comments today. This decision is a significant rollback of fair housing protections, reducing the ability to invest in and create opportunities for historically marginalized and underinvested communities, such as low-income Asian Americans, Native Hawaiians, and Pacific Islanders (AAs and NHPIs).
Specifically, the current Administration now states that recipients of federal grant dollars are in compliance with AFFH if they make a “general commitment” to “promote fair housing.” This shift is significantly weaker than the older version, which imposed an affirmative obligation on grant recipients to proactively address the negative consequences of historic discrimination, including strategies to promote greater investment in low-income neighborhoods that faced barriers to opportunity due to this discrimination. Such strategies ultimately lead to access for everyone.
This interim rule also removes the requirement and guidance to develop localized plans with community input that analyze the impacts of discrimination in their neighborhoods and propose strategies to overcome them. This process created a more effective approach to addressing discrimination and breaking down barriers to opportunity for affected communities by helping them pinpoint where needs exist and tailoring solutions to those needs. The effect of removing this guidance will be less access to affordable housing, higher-performing schools, and transportation, particularly for socially and economically disadvantaged groups.
By diluting this critical rule, HUD is undermining decades of civil rights progress and allowing local jurisdictions to avoid accountability in addressing discriminatory housing policies. It is a dangerous step backward that will deepen inequality. National CAPACD remains committed to fighting for housing justice and ensuring that all communities have equal access to safe, stable, and affordable housing.