WASHINGTON - Today, Secretary Scott Turner announced the U.S. Department of Housing and Urban Development (HUD) will terminate the Biden-era 2021 Affirmatively Furthering Fair Housing (AFFH) rule, cutting costly red tape imposed on localities and returning decision-making power to local and state governments. The Biden-era AFFH rule was, in effect a “zoning tax,” which fueled an increase in the cost and a decrease in the supply of affordable housing due to restrictions on local land.

“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,” Secretary Turner said.

“By terminating the AFFH rule, localities will no longer be required to complete onerous paperwork and drain their budgets to comply with the extreme and restrictive demands made up by the federal government. This action also returns decisions on zoning, home building, transportation, and more 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.

“We are aware of communities that have been neglected or negatively impacted due to the demands of 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) was passed as part of the Civil Rights Act of 1968. The law prohibits housing discrimination based on race, color, religion, sex, disability, familial status or national origin. It also requires federal agencies and recipients of federal housing funds to affirmatively further fair housing.

In 2015, the Obama administration introduced the AFFH rule, which expanded the role of the federal government in local zoning decisions by increasing the certification process. It mandated the completion of complex jurisdictional and regional analysis, submission of a 92-question grading tool, and an analysis of impediments.

In 2020, the first Trump administration terminated the Obama-era 2015 AFFH rule, which “proved to be costly, complicated, and ineffective.” In 2021, the Biden administration restored the main provisions of the 2015 AFFH rule.

With Secretary Turner’s action, a locality’s certification that it has affirmatively furthered fair housing, in accordance with the Fair Housing Act, would be deemed sufficient.

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HUD.gov