Chicago - Attorney General Kwame Raoul has united with a coalition of 19 attorneys general to submit a comment letter to the U.S. Department of Housing and Urban Development (HUD), expressing opposition to an interim final rule. This rule adjusts HUD's obligation to "affirmatively further fair housing," a responsibility outlined under the Fair Housing Act (FHA).
"HUD's proposed rule change is a step backward," Attorney General Raoul asserted. "It runs counter to HUD’s guiding principles and legal requirements that it should actively seek to combat segregation and work for fair housing for all. I stand with my fellow attorneys general to oppose this harmful proposal."
The FHA charges HUD with the AFFH Mandate, requiring proactive action from the agency and its program participants, including state and local authorities, to overcome residential segregation patterns, promote housing choice, eliminate disparities in opportunity, and foster inclusive communities. In 2021, HUD had instituted a rule mandating all grantees to undergo a comprehensive fair housing planning process before acquiring federal funding. The new interim final rule simplifies this requirement by replacing it with a weaker AFFH certification prerequisite, relieving HUD of its enforcement duties.
Raoul and his counterparts contend in their letter that the interim rule's alignment with the FHA and the AFFH Mandate is lacking. They argue it falls short of having grantees evaluate substantively whether their actions will mitigate segregation and encourage integration, nor does it press for any defined fair housing planning processes. This change, they assert, dilutes efforts to promote fair housing and disregards HUD’s statutory responsibility to affirmatively further fair housing. The attorneys general also highlight the absence of a factual foundation for the policy change, which significantly undermines HUD’s capacity to identify and tackle barriers to fair housing.
In Illinois, residential segregation remains prevalent, with several metropolitan zones being more racially segregated than the national median. This segregation correlates with educational segregation, as 62% of Black students in Illinois attend schools where 90-100% of attendees are African American. The state's racial makeup in schools ranks it as the second most segregated for Black students. According to Raoul, HUD’s proposed weakened AFFH rule will strip away the essential framework and tools necessary for the state and its local units to combat this segregation.
Joining Raoul in the coalition opposing the proposed rule are attorneys general from Arizona, California, Connecticut, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington.