Michigan Attorney General Dana Nessel, along with 17 other attorneys general, has expressed opposition to a recent interim final rule by the U.S. Department of Housing and Urban Development (HUD). This rule is seen as reversing HUD's obligation to affirmatively further fair housing (AFFH).
"The core mission of the Department of Housing and Urban Development is to ensure fair, inclusive, and equitable housing, but this interim final rule undermines years of progress in strengthening civil rights protections," Nessel stated. She emphasized the need for "strong, enforceable safeguards against discrimination" for Michigan residents.
The Fair Housing Act mandates HUD to manage programs that prevent discrimination in home sales or rentals while promoting fair housing practices. In 2021, HUD required grantees to certify their compliance with AFFH before receiving federal funds. The new rule alters this requirement by introducing a less stringent AFFH certification process.
In their letter opposing the rule change, the attorneys general argue that it contradicts both the FHA and AFFH Mandate. They claim it fails to ensure meaningful evaluation of actions intended to reduce segregation and promote integration. Additionally, they assert that the proposed rule lacks a factual basis for its policy shift and diminishes HUD's ability to address barriers to fair housing.
Joining Nessel in submitting this comment letter were attorneys general from Arizona, California, Connecticut, the District of Columbia, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington.