Redressing Our Nation's and the Federal Government's History of Discriminatory Housing Practices and Policies

This memorandum directs the Secretary of Housing and Urban Development to examine two Trump-era housing rules—the 2020 'Preserving Community and Neighborhood Choice' rule that repealed the 2015 Affirmatively Furthering Fair Housing rule, and the 2020 revision to HUD's disparate impact standard—and to take necessary steps to restore HUD's statutory duty to affirmatively further fair housing under the Fair Housing Act.

Federal Register Open PDF 86 FR 7487

Impact dates

Date TBD
Examination of 2020 rules and implementation of corrective steps

Key directives

HUD Secretary shall examine effects of August 7, 2020 'Preserving Community and Neighborhood Choice' rule
HUD Secretary shall examine effects of September 24, 2020 'HUD's Implementation of the Fair Housing Act's Disparate Impact Standard' rule
HUD Secretary shall take any necessary steps to implement Fair Housing Act's affirmative furthering requirements
HUD Secretary shall prevent practices with unjustified discriminatory effect

Who is ordered

Secretary of Housing and Urban Development · Department of Housing and Urban Development

Timeline

Immediate

HUD Secretary directed to begin examination of two 2020 rules

Near term (90d)

Examination of regulatory effects to be completed
Potential initiation of rulemaking or other corrective actions

Long term

Possible restoration of Affirmatively Furthering Fair Housing requirements
Potential revisions to disparate impact standard
Structural changes to HUD program administration

Risks & tensions

Phrase 'as soon as practicable' and 'any necessary steps, as appropriate' create flexibility but also uncertainty about timing and scope of action
Rulemaking process could face legal challenges and extended timeline
Subject to availability of appropriations may limit implementation resources