HUD Prioritizes Fair Housing with New AFFH and Disparate Impact Rules

By: Emily Blumberg & Krystle Okafor

Last month, HUD issued two rules reinvigorating its enforcement of the Fair Housing Act. Both rules are components of the Biden Administration’s efforts to “ensure that fair and equal access to housing opportunity exists for all throughout the United States.”

First, on June 10, 2021, HUD published an interim final rule that restores definitions and certifications related to its implementation of the Fair Housing Act’s requirement to Affirmatively Further Fair Housing and reinstates HUD’s process for offering related technical assistance. The rule will go into effect on July 31, 2021.

Second, on June 25, 2021, HUD published a proposed rule that reinstates the discriminatory effects standard for Fair Housing Act enforcement, along with a request for public comments by August 24, 2021. Read more. 

Should you have any questions about this KH Housing Alert or about fair housing more generally, please contact Emily Blumberg at eblumberg@kleinhornig.com or (202) 926-3409.

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This housing alert is intended as a source of information for clients and friends of Klein Hornig LLP. The content should not be construed as legal advice, and readers should not act upon information in this publication without professional counsel. This housing alert may be considered advertising under certain rules of professional conduct. Copyright © 2021 Klein Hornig LLP. All rights reserved.