courtesy of Poverty & Race Research Action Council (PRRAC) and PolicyLink
In an “Interim Final Rule” published in the Federal Register on March 3rd, 2025, the Trump Administration put forth a meaningless new “definition” of the Affirmatively Furthering Fair Housing obligation, and removed all accountability provisions, including the weak system of reporting set up by the Clinton Administration back in 1994.
Of course, the 1968 Fair Housing Act is still in effect, and it is going to be up to advocates to challenge the policies that perpetuate separate and unequal communities.
In the meantime, some progressive state and local governments have adopted their own AFFH laws (including CA, NY, and MD), a trend which we hope will expand now that HUD has eliminated meaningful federal oversight.
For more information on the IFR, see this explainer from PolicyLink.
How can communities respond to protect fair housing rights?
Submit public comments on the new HUD AFFH Interim Final Rule!
Although the rule will be finalized on April 2, 2025, HUD is inviting public comment on the IFR for a 60-day period until May 2, 2025 and has stated that all feedback will be considered as part of its ongoing review to ensure consistency. Comments can be submitted to the Federal Register here.
To support stakeholders in the AFFH public comment process, PolicyLink developed a public comment guide for the Biden Administration’s 2023 Proposed AFFH Rule. While the substance of the 2025 IFR differs from the 2023 proposed rule, the guidance in this resource remains highly relevant. It provides essential tools to help individuals and organizations craft strong, equity-focused comments, including:
Strategies for advancing equity in public comments
An overview of the federal rulemaking and public comment process
A step-by-step guide to writing and submitting effective feedback
Key data sources to strengthen your comment
Sample language tailored for organizations across sectors
We encourage you to use this guide as a resource to amplify equity in the public comment process. Explore the full guide and access additional tools here: