The Controversy Surrounding the AFFH Rule
Originally implemented in 2015 by the Obama administration and reinstated in 2021 under President Joe Biden, the AFFH rule mandated local governments to examine housing patterns for racial and economic disparities and develop corrective plans for HUD.
However, Secretary Turner criticized the rule, claiming it gave HUD unprecedented authority as a national zoning board and represented a significant encroachment on local decision-making.
Former President Donald Trump terminated the policy in 2020, with Turner praising him for putting an end to what he called a “liberal quest to socially reengineer neighborhoods at the expense of the American suburban dream.”
Turner argued that the regulatory requirements of AFFH were excessive and counterproductive, burdening localities with a complex grading tool and demographic analyses that proved challenging to complete.
One example cited was Philadelphia, which submitted an extensive report that was mostly rejected by HUD, highlighting the difficulties faced by local governments in complying with the rule.
Turner also mentioned the case of Dubuque, Iowa, which he believed was unfairly targeted by HUD for alleged discrimination.
Despite the repeal of the AFFH rule, Turner emphasized that fair housing enforcement would continue to be upheld under federal law, as discrimination remains illegal under the Fair Housing Act.
Nikitra Bailey from the National Fair Housing Alliance expressed the importance of affirmatively furthering fair housing, envisioning a society where everyone can access affordable housing, clean environment, quality healthcare, and other essential amenities.
A coalition of consumer, housing, and civil rights advocates have raised concerns over HUD’s 2025 Interim Final Rule, which alters the scope of the AFFH rule.