On August 7, HUD published its new final Affirmatively Furthering Fair Housing (AFFH) rule in the Federal Register, entitled “Preserving Community and Neighborhood Choice.” This new rule, published without a proposed rule giving the public opportunity to comment, replaces the January 2020 rule for which CLPHA submitted comments back in March.
We have major concerns about the substance of this AFFH rule as well as the rationale HUD has used to entirely bypass the notice and comment rulemaking process. We outlined these concerns in an August 3 letter to HUD Secretary Carson, written jointly with our counsel, Reno & Cavanaugh PLLC. We will keep members informed about any legal developments related to this new rule.