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Democratic AGs Urge HUD to Keep Rule Designed to Promote Fair Housing

  • Twenty-two Democratic AGs, led by California AG Xavier Becerra and New York AG Letitia James, filed a comment letter opposing the U.S. Department of Housing and Urban Development’s (“HUD”) proposed rule rolling back the Affirmatively Furthering Fair Housing (“AFFH”) Rule promulgated in 2015.
  • In their letter, the AGs argue, among other things that the proposed amendments to the rule would remove HUD’s oversight over desegregation and integration in housing by eliminating the requirement that jurisdiction justify their funding requests with data or research to show how funding will be used to promote desegregated and integrated communities. The AGs also argue that the proposed amendment would violate the Administrative Procedure Act because it is contrary to the Fair Housing Act.
  • A coalition of 18 AGs had previously opposed an Advanced Notice of Proposed Rulemaking regarding revisions to the AFFH in 2018.