In October, the Trump administration closed comments on proposed changes to the Fair Housing Act’s 'disparate impact' rule that will undermine efforts to secure fair housing. Here’s what happened — and why everyone should care:
” by HUD Secretary Ben Carson, forces local jurisdictions to choose between addressing the policies causing neighborhood segregation or losing federal funds.
If taken seriously, AFFH could be an extraordinary tool for dismantling the local policies maintaining segregation. But, until recently, no president made a real effort at enforcement. Shortly after the Fair Housing Act was passed, Housing Secretary George Romneyoutlining his plans to enforce AFFH. He was driven from Nixon’s cabinet. It wasn’t until the Obama administration that any president developed a clear framework for giving the AFFH mandate force.
Together, the disparate impact and AFFH rules were powerful tools to effect change. While the disparate impact rule gave private groups a potent way to fight discrimination, the AFFH required jurisdictions to assess whether their policies were having a discriminatory impact. The jurisdictions then had to develop plans that would modify problematic policies and promote integration. In year one, HUD ordered 22 jurisdictions to comply. In year two, more than 100 groups were expected to follow.
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