Frosh Leads Coalition Opposing Suspension Fair Housing Rule

Key Element of the Rule Eliminated Without Public Comment; Indefinite Delay Halts Significant Progress in Increasing Fair Housing Opportunities

Aujunai Charpentiair

BALTIMORE, MD (June 6, 2018) – Maryland Attorney General Brian E. Frosh today led a
coalition of six attorneys general and six cities in filing an amicus brief opposing the suspension
of a key element of the U.S. Department of Housing and Urban Development’s (HUD)
Affirmatively Furthering Fair Housing Rule (Rule). HUD announced last month that it was
withdrawing its Local Government Assessment Tool - an essential component of the Rule - that
assists and guides HUD grantees in developing fair housing opportunities in their jurisdictions.

The 2015 Affirmatively Furthering Fair Housing Rule represents a major step toward meeting
the Fair Housing Act’s mandate to advance fair housing throughout the United States. It also
provides HUD grantees much-needed help in meeting their statutory obligations. In the short
time the Rule has been in place, many states and cities have benefited from the higher-quality
data and assessment tools provided by HUD, the focus on community engagement, and the
requirement that grantees develop goals to address barriers to fair housing.

“HUD is stepping back from its duty of being a partner in our efforts to improve fair housing
opportunities in our states and cities,” said Attorney General Frosh. “Withdrawing a component
of the Rule without allowing public comment, without justification, and without a plan for
replacing it is not just wrong, it is unlawful.”

In the brief, the Attorneys General and cities write that HUD’s decision to withdraw its Local
Government Assessment Tool results in an indefinite suspension of a carefully tailored
regulatory scheme years in the making. By taking this drastic step without first soliciting public
comment, HUD ignored the views of the stakeholders. HUD’s May 23, 2018 order marks the
second time since January that the agency has attempted to dismantle the Affirmatively
Furthering Fair Housing Rule without first providing notice and soliciting public comment.
Acting without justification, without notice, and without public comment, HUD acted in an
arbitrary and capricious manner.

Joining Maryland in the brief were the attorneys general of California, the District of Columbia,
Massachusetts, Virginia, and Washington; and the cities of Austin, TX, New Orleans, LA,
Oakland, CA, Portland, OR, Seattle, WA, and Toledo, OH.

Article Reprint: Maryland Office of the Attorney General Press Release