California Attorney General Rob Bonta has co-led a coalition of 21 attorneys general in opposing a proposed rule by the U.S. Department of Housing and Urban Development (HUD) that would repeal critical fair housing regulations. These regulations, known as Affirmative Fair Housing Marketing (AFHM), are designed to prevent discrimination in the marketing of affordable housing.
“The Trump Administration is working to roll back critical fair housing regulations that prohibit discrimination — protections put in place in the 70’s to combat the insidious persistence of segregated neighborhoods — protections that are essential today to ensure that housing opportunities for underserved communities remain accessible,” said Attorney General Bonta. He emphasized the importance of maintaining these protections amidst a national housing crisis affecting communities of color disproportionately.
Historically, government entities and private developers have contributed to segregated living patterns, leading to inequalities in access to opportunities. The Fair Housing Act, supported by AFHM regulations, mandates HUD and its fund recipients to take actions against segregation and promote inclusive communities. It prohibits discrimination based on race, color, national origin, religion, sex (including gender and sexual orientation), familial status, and disability.
The AFHM requirements necessitate marketing programs targeting groups protected from discrimination under the Fair Housing Act. This ensures outreach efforts reach underrepresented populations who might not otherwise apply for such housing. However, these regulations do not dictate tenant selection or restrict advertising through other media reaching different populations.
The letter sent by the attorneys general argues that repealing these longstanding regulations contradicts the Fair Housing Act’s mandate to ensure non-discriminatory marketing practices. Concerns include the absence of a replacement rule or an explanation from HUD on how it will prevent discriminatory practices without these regulations.
Attorney General Bonta highlighted that equal access to housing remains crucial amid rising fair housing complaints. In 2023 alone, record-high levels were reported to HUD and other organizations.
Joining Attorney General Bonta in this effort are attorneys general from Maryland, New York, Arizona, Colorado, Connecticut, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island Vermont Washington District Columbia
A copy of their letter is available for public viewing.
