In a letter opposing a proposed HUD rule that would repeal Affirmative Fair Housing Marketing regulations, Maryland Attorney General Anthony Brown joined 21 other attorneys general in arguing that the rollback would jeopardize efforts to promote equitable access to federally assisted housing and prevent housing discrimination.
Attorney General Anthony G. Brown co-led a group of 21 attorneys general in a letter to the U.S. Department of Housing and Urban Development (HUD) today, opposing a proposed rule that would repeal important fair housing laws that forbid discrimination in the marketing of affordable housing, according to the news release issued on Thursday, July 3.
Owners of federally subsidized housing are required by the Affirmative Fair Housing Marketing (AFHM) requirements to target outreach and promotion about their properties to communities that might not otherwise be aware of the option to reside there. These rules, which are intended to prevent federally subsidized housing providers from marketing available housing to certain groups, as was formerly done to preserve racially segregated areas, would be repealed by the proposed rule.
In the past, segregated living patterns were actively created by private developers, mortgage lending organizations, and all levels of government in the United States. This helped to maintain disparities in access to opportunities. By ensuring that the agency and its program participants take significant steps to overcome patterns of segregation, promote fair housing choice, eliminate disparities in opportunities, and foster inclusive communities, the Fair Housing Act, through AFHM regulations, requires HUD and recipients of federal funds from HUD to administer their programs in a way that affirmatively advances fair housing.
Discrimination on the grounds of race, color, national origin, religion, sex (including gender and sexual orientation), handicap, and family status is illegal under the Fair Housing Act. In order to reach groups that are protected from discrimination under the Fair Housing Act and are less likely to apply for such housing, AFHM mandates that developers and owners of HUD-subsidized housing implement marketing campaigns. The next step is for housing providers to choose outreach and advertising strategies that are intended to reach those populations.
All too frequently, underrepresented groups in the neighborhood where the property is located are the ones who are least likely to apply. This is especially true for reasonably priced homes in high-opportunity neighborhoods that provide inhabitants with better living circumstances and more access to economic mobility. Nothing in the AFHM laws restricts landlords from advertising through other channels that also reach different groups, nor do they specify which tenants an owner must choose for a unit.
The attorneys general argue in the letter that the proposed repeal of these long-standing regulations is in direct conflict with the Fair Housing Act’s mandate to ensure non-discriminatory marketing practices in order to affirmatively further fair housing. This is especially true in light of the fact that there is no replacement rule, no explanation of how HUD will ensure that participants in the covered program are not engaging in unlawful and discriminatory housing marketing practices that violate federal law, and no legally sound or evidence-based justifications for this complete reversal of more than 50 years of federal housing policy and law.
The attorneys general have a stake in eliminating prejudice in local communities around the country and guaranteeing equitable access to housing. The lack of available housing and the rapidly rising cost of housing, which disproportionately impacts communities of color, are the main causes of the national housing crisis. Due to systemic racism, policies that targeted Black people, and neighborhoods with a high concentration of Black residents, Black households suffer the greatest inequities.
Proactive fair housing measures, including in advertising, are as important as ever, according to data on fair housing complaints. HUD, the U.S. Department of Justice, and other fair housing organizations received record numbers of fair housing complaints in 2023; the number of complaints has been steadily increasing each year.
The attorneys general of Arizona, Colorado, Connecticut, Hawai’i, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia joined Attorney General Brown, who co-led the letter today, along with the attorneys general of California and New York.
