Recognizing the unfinished business, the Obama administration in 2015 promulgated a new regulation pursuant to the Fair Housing Act’s requirement that the federal government “affirmatively . . . further the policies of” the 1968 law. The regulation would have put teeth into that long-underenforced provision by requiring cities and towns to examine housing patterns for evidence of unlawful discrimination, then formulate plans to overcome it, as a condition of eligibility for federal housing and development aid.
Now, however, the Trump administration has formalized plans to undo the Obama-era rule. On Tuesday, it released a draft rule that waters down the definition of “affirmatively furthering fair housing.” The 2015 rule called for “meaningful actions” that “replac[e] segregated living patterns with truly integrated and balanced living patterns”; now merely “advancing fair housing choice within the program participant’s control or influence” will pass muster with the Department of Housing and Urban Development. Continue reading.