The presidential administration and those appointed to cabinet positions—particularly the Secretary of Housing and Urban Development—have a direct impact on fair housing work. And the recent news that Northeast Ohio’s own Rep. Marcia Fudge has been nominated to lead HUD has a lot of people buzzing about housing. As President-elect Joe Biden and Vice President-elect Kamala Harris prepare to take office next month, many are wondering what the future of fair housing will look like under the new administration.
Investing in Housing
According to Joe Biden’s official campaign website, “The Biden Administration will vigorously enforce the Fair Housing Act”. They plan to invest $640 billion over 10 years, ensuring access to affordable, stable, safe and healthy housing. The administration says they aim to achieve this by:
- Ending redlining and other discriminatory and unfair practices in the housing market.
- Enacting legislation that prohibits landlords from discriminating against renters receiving federal housing benefits.
- Providing financial assistance to help Americans buy or rent safe, quality housing. This includes down payment assistance through a refundable and advanceable tax credit and fully funding federal rental assistance.
- Increasing the supply, lowering the cost, and improving the quality of housing. This includes investments in resilience, energy efficiency, and accessibility of homes.
- Pursuing a comprehensive approach to ending homelessness.
Restoring Protections
In the spirit of fair housing, Biden has pledged to restore HUD’s 2015 Affirmatively Furthering Fair Housing (AFFH) rule, which was removed by the Trump administration in July. The AFFH rule is a critical tool for enforcing fair housing law, as it requires local governments to take active steps to end segregation. AFFH holds communities accountable for dismantling segregation, and fair housing advocates across the nation will welcome its return.
Similarly, HUD’s 2013 disparate impact regulation is another important enforcement tool that was abandoned by the Trump administration. For context, this rule means that a seemingly neutral housing policy can violate fair housing law if it adversely affects a protected class, regardless of intent. The Biden administration is expected to restore HUD’s 2013 disparate impact regulation—a move that will assist in identifying and addressing housing discrimination, and will increase accountability for those in violation of the law. The rule’s return is critical to advancing fair housing rights and fully enforcing fair housing law.
Enforcing Fair Lending
With the likely return of disparate impact analysis, things are also looking brighter for the enforcement of fair lending laws. The Consumer Financial Protection Bureau (CFPB) and other financial regulatory agencies are expected to significantly increase enforcement of fair lending under the Biden administration. This will advance the goals in Biden’s “Plan to Build Back Better,” which focuses on increasing economic inclusion and combating systemic racism. Because of this country’s legacy of discriminatory housing policies, strong enforcement of fair housing and lending laws is a critical need.
Working for a Better Future
Although there will always be challenges, fair housing advocates are optimistic about the future of fair housing. Lisa Rice, president and CEO of the National Fair Housing Alliance (NFHA) said in a statement,
NFHA looks forward to working with the new administration to develop and implement an agenda centered around fair housing and equity, an agenda that will eliminate discrimination from our housing and financial markets, dismantle segregation, and take affirmative steps to redress the harms they have caused.
Like NFHA, The Fair Housing Center looks forward to continuing our work to advance fair housing in the upcoming year. And while a Biden presidency may mean a return to some former progressive policies, our work does not stop there. Civil rights advocates will keep pushing to eliminate discrimination and achieve true equity in our systems, no matter how long it takes.