On January 19, 2023, HUD published a long-awaited proposed Affirmatively Furthering Fair Housing (“AFFH”) rule. This proposed rule would restore the framework of an AFFH rule that was promulgated in 2015 by the Obama Administration (the “2015 Rule”), suspended in 2018 and later withdrawn in 2020 by the Trump Administration, and then partially restored in 2021 by the Biden Administration, as an interim final rule (read KH’s summary of the interim final rule here). HUD has published the proposed rule along with an op-ed by Secretary Fudge, a fact sheet and FAQ, and a quick reference guide, all of which are available to read here. Comments on the proposed rule are due 60 days after its publication in the Federal Register, which is still forthcoming. The new proposed rule retains many features of the 2015 Rule, but with some key differences. Read more.
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