New York Attorney General Letitia James has spearheaded a coalition of 18 state attorneys general urging the U.S. Department of Housing and Urban Development (HUD) to reinstate critical fair housing rules. These rules, which were significantly altered in March 2025 when HUD announced new interim guidelines, historically required HUD and affiliated grant recipients to promote fair housing across American communities.
The coalition's comment letter posits that the interim rules contravene HUD's obligations under the Fair Housing Act, a critical piece of legislation aimed at preventing housing discrimination. "It is a shame that the Trump administration is trying to walk back HUD’s responsibility to prevent housing discrimination in communities across our country," said Attorney General James. "Fair housing requirements help address the harmful effects of housing segregation and ensure that everyone can access housing with dignity. HUD has a duty to protect fair housing, and I am proud to stand with my fellow attorneys general to hold them to account."
The Fair Housing Act mandates that HUD administer programs to curb discrimination in home sales or rentals and actively further fair housing (AFFH). This includes taking deliberate actions to promote integration and combat enduring segregation and its detrimental effects. In 2021, a HUD rule required all funding recipients to certify AFFH compliance before receiving federal money. The new interim rule rescinds this requirement, favoring a less stringent certification process and reversing previous AFFH policymaking efforts.
In their letter, the attorneys general contend that the new interim final rule does not align with the Fair Housing Act's text and purpose. It fails to ensure that grantees evaluate actions to reduce segregation and enhance integration, neglecting essential planning processes for fair housing. The letter emphasizes the rule's lack of justification for its significant policy shift and indicates a reduction of HUD's ability to identify and rectify fair housing barriers.
The action follows several initiatives by Attorney General James to safeguard fair housing access. This includes efforts to restore funding for fair housing organizations in New York via the U.S. Court of Appeals for the First Circuit, legal actions against unlawful practices by landlords in New York’s Capital Region, and financial settlements with companies violating fair housing laws.
Attorneys general from Arizona, California, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia joined Attorney General James in this endeavor.