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The regulation, known as the Affirmatively Furthering Fair Housing Rule, was allegedly based on a provision of the 1968 Fair Housing Act. I say "allegedly" because that portion of the law is anodyne and aspirational, not a call for federal nannyism. //
The 2015 rules required cities and towns, in order to receive funding from HUD to document patterns of racial bias in their neighborhoods, to publicly report the results every three to five years, and to set and track goals to reduce segregation. Under the new rules, any jurisdiction that receives money from HUD must analyze its housing occupancy by race, disability, familial status, economic status, English proficiency, and other categories. It must then analyze factors which contribute to any prohibitive barriers in housing and formulate a plan to remedy the impediments. //
In my view, the rule had three functions. First and foremost, it used awarding Community Development Block Grants to allow advocacy groups to control all zoning decisions. Communities knew if they went against advocacy groups, they would face loss of funds and probably a costly court battle. Second, it was a way of declaring war on established communities and neighborhoods by using their demographics as a way of forcing the construction of no- or low-income housing units. Third, it was another way that the federal bureaucracy could be weaponized to punish political opponents by using lawfare. Oh, it also provided guaranteed employment for a consultant class that could be hired to help communities navigate the rule and its interpretations. //
So, a costly and destructive rule has been sent to the scrap heap. But we can't rest on our laurels. Just as Trump took down the Obama rule, Biden replaced it. We have to create a regulatory web that will take decades to unravel to prevent this kind of nonsense from happening again and shrink government so that even if a future administration wanted to create the rule, they wouldn't be able to enforce it. Yes, it would be easier for Congress to amend the Fair Housing Act, but I stopped believing in leprechauns a long time ago.
