What: On June 3, 2025, Housing and Urban Development (HUD) published a proposed rule to rescind its Affirmative Fair Housing Marketing regulations. The current regulations require a participant in a Fair Housing Act (FHA) insurance or Multifamily Housing Rental Assistance Program to complete and submit a form supplied by HUD that describes its affirmative fair housing marketing plan.
This interim final rule supports an understanding that the FHA and HUD’s Affirmatively Furthering Fair Housing (AFFH) final rule provides a general commitment that grantees will take active steps to promote fair housing. This interim final rule is intended to ensure against housing discrimination based on all protected classes by not providing preferences based on racial or ethnic characteristics. This interim final rule is also narrowly focused to meet the directive of Executive Order 14192.
Why: HUD determined that the Affirmative Fair Housing Marketing Regulations should be rescinded for six independent reasons:
- The AFHM Regulations are deemed inconsistent with HUD’s Authority under the Fair Housing Act and Executive Order 11063.
- The AFHM Regulations are deemed unconstitutional under the Equal Protection Clause.
- The AFHM Regulations would represent an unconstitutional delegation of legislative power.
- The regulations are counter to HUD’s Color-Blind policy
- Rescinding the regulations effectively decreases the economic burden on applicants.
- HUD’s policy is to prevent discrimination; not to equalize statistical outcomes.
Notwithstanding HUD’s determination that this proposed rule would not have a significant effect on a substantial number of small entities, HUD specifically invites comments regarding any less burdensome alternatives to this proposed rule that will meet HUD’s objectives.
Action: HUD’s proposed rule request for comments is published in the Federal Register. Comments are due to HUD on or before July 3, 2025.
PROPOSED RULE
FR-6533-P-01 Rescission of Affirmative Fair Housing Marketing Regulations
CONTACT:
Will Purcell
EMAIL:
TOPIC(S):
HUD
Is your small business or entity being impacted by a proposed rule? If yes, write a comment letter to the proposing agency.