On May 2, a coalition of nineteen attorneys general submitted a letter to HUD opposing its interim final rule (IFR) which would revise the agency’s duty to affirmatively further fair housing. The coalition, led by attorneys general from California, Massachusetts and New York, denounced the IFR as an illegal rollback of the agency’s obligation to combat housing discrimination and segregation under the Fair Housing Act.

The letter centered on HUD’s statutory mandate to “affirmatively further fair housing” (AFFH), which the coalition argued requires HUD to take proactive steps to dismantle segregation and promote integration in housing policy. According to the letter, the IFR seeks to substitute prior AFFH rulemaking efforts with a certification requirement that does not require grantees to meaningfully evaluate whether their actions will reduce segregation and promote integration. The attorneys general also argued the IFR does not acknowledge the pervasiveness of segregation and its effects, nor does it require specific fair housing planning processes or goals. Lastly, the coalition stated the IFR lacks any reasoned justification or factual basis to support a drastic policy change. The attorneys general urged HUD to withdraw the rule in its entirety.