ADC submits comments on HUD's proposed new AFFH rule

April 24, 2023 — In a bid to redeem more of the promise of the Fair Housing Act, HUD published in early February 2023 a proposed new affirmatively furthering fair housing rule. Comments on the rule were due by April 24, 2023. ADC’s comment notes that the Proposed Rule represents an important set of substantial improvements over the 2015 Rule, but identifies several changes that are needed, including steps that each program participant would be presumptively required to take, and recognizing more clearly the primacy of the Fair Housing Act’s desegregation mission.

ADC’s comment is here and below.

In addition, while all electronically submitted comments are available at this page of website, it is our intention to post many of the comments here, too. Posting does not necessarily indicate agreement or disagreement, just the old-fashioned idea that it makes sense to see what a wide range of individuals and organizations are saying about a critical set of issues. 

For a preview of a host of arguments designed to form the foundation of a legal challenge to any Final Rule from the right (and for the right-wing majority on the Supreme Court), see this particularly pernicious comment from the Pacific Legal Foundation (it even throughs in the so-called “major questions doctrine”).

For reference, the Proposed Rule can be found HERE.