Archinect - News

President Biden takes executive steps to undo discriminatory housing policies

2021-01-28T14:15:00-05:00

President Joe Biden signed an executive order on Jan. 27 directing his administration to end policies that enable discrimination in housing and lending, and acknowledging the federal government’s role in erecting systemic barriers to fair housing.

According to Kriston Capps, writing for Bloomberg CityLab, "Biden’s executive order tasked the U.S. Department of Housing and Urban Development to review two key rules implemented under the Trump administration. One of those rules governs how cities assess and enforce efforts to reduce segregation, a Civil Rights-era mandate that Trump repeatedly mischaracterized as an attempt to 'abolish the suburbs.' The other rule polices discrimination in rental housing and mortgage lending, standards that were relaxed under former Housing Secretary Ben Carson."

Federal government takes another step away from "affirmatively furthering fair housing"

2020-01-13T14:14:00-05:00

The history of housing discrimination in this country is in significant part a history of deliberate government policy, not market forces or individual choice. Ghettos such as those in Chicago, Detroit, Cleveland and Baltimore, in fact, reflect federal policies of the mid-20th century that made segregation a condition for federal support of various kinds. That was social engineering of the most shameful sort.

The Washington Post editorial board sounds off on a recent plan advanced by United States Department of Housing and Urban Development (HUD) Secretary Ben Carson that seeks to further weaken Obama-era "affirmatively furthering fair housing" regulations.

According to the editorial, the wording of the 2015 ruling has been changed by Carson to shift its focus from advancing "meaningful actions" to "replac[e] segregated living patterns with truly integrated and balanced living patterns," according to The Washington Post, with a new focus on "advancing fair housing choice within the program participant’s control or influence."

The change is one of many recent retreats on the part of the current presidential administration aimed at reversing progressive housing reforms enacted before 2016.

Fair Housing Act ruling now vulnerable with Justice Kennedy’s retirement

2018-06-28T15:49:00-04:00

Justice Anthony Kennedy wrote the most important decision on fair housing in a generation. He’ll almost certainly get to see it overturned in his lifetime. When Kennedy announced his long-rumored retirement on Wednesday, he shined a spotlight on the tenuous political balance of the U.S. Supreme Court. Famously a swing vote, Kennedy sided with the court’s four liberal justices on defining decisions on reproductive rights, same-sex marriage, the death penalty, and other hot-button social issues.

The "disparate impact" ruling of the Fair Housing Act is now being reconsidered by HUD. This could lead to the department repealing altogether, despite the fact that the Supreme Court already affirmed its constitutionality. Justice Kennedy's legacy of further integrating society is vulnerable to be overruled under Trump.

HUD announces delay of AFFH, an Obama-era rule combating housing segregation

2018-01-08T14:24:00-05:00

Last week, HUD published a notice in the Federal Register announcing its intentions to suspend enforcement of the rule until 2020, the New York Times reports. The notice “tells cities already at work on the detailed plans required by the rule that they no longer need to submit them, and the department says it will stop reviewing plans that have already been filed,” according to the paper.

In 2015, the U.S. Department of Housing and Urban Development, under the Obama administration, issued legislation intended to bolster the enforcement of the Fair Housing Act, a decades-old law designed to combat segregation across the country. The new, Affirmatively Furthering Fair Housing rule, required cities and towns that receive federal funding to examine their local housing patterns for racial bias and to design a plan to address any measurable bias.

However, HUD announced last week, issuing a notice, that it is will be suspending enforcement of the AFFH, now giving cities until 2020 to submit their evaluations. The notice also states that the department will stop reviewing plans that have already been filed by cities.

While the decision does not necessarily repeal the Obama-era legislation, fair housing experts believe the suspension effectively guts the ruling and significantly waters down the government's assessment tools for fair housing by delaying enforcement. Communiti...