Biden administration reviving key fair housing regulations gutted by Trump

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Image Credit: Gage Skidmore / Wikimedia Commons

The Biden administration is reinstating two key fair housing regulations — the 2015 Affirmatively Furthering Fair Housing rule and the 2013 Disparate Impact rule. Both rules were originally put in place under the Obama administration, and in a harmful move, later gutted by the Trump administration.

Understanding the Rules

The Affirmatively Furthering Fair Housing rule, or AFFH, is a longstanding mandate of the Fair Housing Act. While this rule was part of the Fair Housing Act since its signing in 1968, it was largely not enforced. That’s why in 2015, the Obama administration gave communities the tools to finally address issues of segregation and discrimination. HUD drew up formal guidance for how state and local governments could start working to combat systemic discrimination through the use of fair housing assessments.

The discriminatory effects standard, better known as the disparate impact rule, bars seemingly neutral policies in lending, renting and selling that result in discrimination. The policy makes it easier for people to bring lawsuits against housing providers whose policies negatively impact a protected class, regardless of their intent.

Trump’s Harmful Rollback of Civil Rights

Throughout his time in the White House, the Trump administration took steps to roll back civil rights protections in a number of areas. Fair housing was not an exception to this rollback. In an attempt to appeal to suburban voters during his re-election campaign, President Trump falsely warned that Democrats and fair housing advocates wanted to “abolish the suburbs,” referring to the AFFH rule and desegregation efforts. However, in reality, advocates have been working to address the issues that have plagued our communities for decades: systemic racism, segregation, and discrimination.

In a blatant attack on fair housing, the Trump administration ended up gutting the two federal rules that make housing discrimination illegal. By getting rid of the AFFH rule in 2019, the administration effectively removed the tools that made it possible for municipalities to address racial segregation and barriers to fair housing. Similarly, the reversal of the 2013 disparate impact rule in 2020 made it almost impossible for victims of discrimination to fight against systemic racism and discriminatory policies by housing providers, financial institutions, and insurance companies.

Biden’s Plan to Restore Fair Housing Regulations

There is hope, though, as HUD Secretary Marcia Fudge is in the process of reinstating both rules. It appears that the Biden administration’s AFFH rule would restore the 2015 standard without major changes. HUD is filing an interim final rule, meaning it will take effect immediately once published in the Federal Register. However, it’s possible that a fuller AFFH measure may be introduced in the future, with this interim rule serving as a stand-in for now. The new disparate impact regulation is a proposed rule, meaning the public will have the opportunity to weigh in before it takes effect. In a statement, HUD press secretary Meaghan Lynch said, “We cannot comment while the rules are under review, but the President has every confidence in HUD to advance a regulatory agenda rooted in fairness and equity.”

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