RHLS protests the Interim Final Rule on Affirmatively Furthering Fair Housing

RHLS submitted formal comments in opposition to the U.S. Department of Housing and Urban Development’s (HUD) proposed Interim Final Rule (IFR) on Affirmatively Furthering Fair Housing (AFFH), published under Docket No. FR-6519-I-01.

We submitted these comments because the proposed IFR represents a significant rollback of HUD’s statutory obligation to proactively address segregation and promote fair housing. The new rule would rely solely on self-certification by funding recipients, without requiring meaningful planning, public engagement, or accountability, an approach that has repeatedly proven ineffective.

In our comments, we argue that:

• HUD has a legal obligation, under the Fair Housing Act and decades of case law, to provide clear guidance and meaningful oversight to ensure grantees take concrete steps to reduce segregation and increase access to opportunity.

• The proposed rule ignores this legal precedent and the successful track record of previous AFFH frameworks, such as the 2015 rule, which enabled jurisdictions like Philadelphia and New Orleans to engage communities and enact meaningful reforms.
  
  

• Relying on self-certification alone fails to safeguard public funds from fraud, waste, and abuse, and exposes jurisdictions to False Claims Act liability.
  
  
• Effective AFFH policies are not only legally required, but they also generate tangible economic and social benefits for communities by improving equity, strengthening local economies, and reducing long-term public expenditures.

We urged HUD to withdraw the 2025 IFR and maintain the more robust AFFH rule currently in place.