Congress needs to end Obama housing rule through defund process

HUD administrative actions end immediate damage

Jan. 8, 2018, Fairfax, Va.—Americans for Limited Government President Rick Manning today issued the following statement urging Congress to defund the 2015 Obama HUD housing rule that rezones recipients of community development block grants along income and racial criteria:

“The Department of Housing and Urban Development is on the right track by delaying implementation of the Affirmatively Furthering Fair Housing assessment tool until 2020, an unworkable bi-product of the 2015 Obama housing rule that effectively puts the federal government in charge of local zoning issues. The rule cites zoning no less than six times as a basis for compliance with the regulation. The House-passed omnibus bill defunds that aspect of the regulation, and we strongly support that rider’s inclusion or expansion in the final 2018 funding bill. This is a perfect way for Congress to begin to reassert its rightful Article I constitutional prerogatives, by defunding those regulations that go far beyond the scope of federal law.”


The HUD regulation in question, “Affirmatively Furthering Fair Housing” (AFFH) currently conditions $3 billion of yearly community development block grants on 1,200 recipient cities and counties rezoning neighborhoods along income and racial guidelines. Specifically, it does so by directing municipalities “to examine relevant factors, such as zoning and other land-use practices that are likely contributors to fair housing concerns, and take appropriate actions in response” as a condition for receipt of the block grants.” [emphasis added]

SEC. 234. Of HR 3354: “None of the funds made available by this Act may be used by the Department of Housing and Urban Development to direct a grantee to undertake specific changes to existing zoning laws as part of carrying out the final rule entitled ‘Affirmatively Furthering Fair Housing’ (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled ‘Affirmatively Furthering Fair Housing Assessment Tool’ (79 Fed. Reg. 57949 (September 26, 2014)).”

“Senate takes first step to ending HUD takeover of neighborhoods,” By Robert Romano, May 20, 2016 at

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