Fair housing act near tiny house on flag.
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After being “dismantled” under the previous administration, a proposed affirmative fair housing rule was released by the federal government on Thursday to “remedy the effects of housing discrimination.”

The US Department of Housing and Urban Development is seeking feedback on a proposed Affirmatively Furthering Fair Housing rule, which incorporates much of the framework of the 2015 AFFH rule. 

Although the rule does not apply to providers of affordable senior housing under the Section 202 Supportive Housing for the Elderly program, it does affect other HUD programs related to housing for older adults.

“HUD taking action to improve the Affirmatively Furthering Fair Housing rule is a significant step forward,” a LeadingAge spokeswoman told McKnight’s Senior Living. “We support strong, fair housing enforcement to help address housing discrimination, and look forward to partnering with HUD to improve housing access for older adults across the country.”

The proposed rule directs the federal government to promote fair housing choice, eliminate disparities in housing and foster inclusive communities. In addition to accountability, the proposed rule streamlines required fair housing analysis for local communities, states and public housing agencies, and requires those agencies to set “ambitious goals” to address fair housing issues in their communities.

“This proposed rule is a major step towards fulfilling the law’s full promise and advancing our legal, ethical and moral charge to provide equitable access to opportunity for all,” HUD Secretary Maria Fudge said in a statement. She added that the proposed rule meets President’s Biden’s call to fully enforce the 1968 Fair Housing Act.

Specifically, the rule would spur HUD program participants to take action to ensure that members of protected classes, including older adults, have equitable access to affordable housing opportunities.

The federal government said that the proposed rule is designed to simplify the required fair housing analysis, emphasize goal setting, increase transparency for public review and comment, foster local commitment to addressing fair housing issues, enhance HUD technical assistance to local communities and provide mechanisms for regular program evaluation and accountability, among other goals.

Under the proposed rule, program participants would be required to submit an equity plan every five years for review and acceptance. The plans require analysis of fair housing issues confronting communities, goals and strategies to remedy those issues, and a description of community engagement. Participants also would be required to conduct annual progress evaluations.

HUD is accepting public comments on the proposed rule.