On April 13, 2021, HUD moved to reinstate two key fair housing regulations: the 2015 Affirmatively Furthering Fair Housing rule and the 2013 Disparate Impact rule. The 2015 Affirmatively Furthering Fair Housing (“AFFH”) rule set out fair housing requirements for state and local governments that receive HUD funding. Among these were that these HUD funding …
Disparate Impact
President Biden Directs HUD to Review Recent Fair Housing Rules
On January 26, 2021, President Biden issued an “Memorandum on Redressing Our Nation’s and the Federal Government’s History of Discriminatory Housing Practices and Policies” directing HUD to review two recent fair housing rules. The first of these rules, “Preserving Community and Neighborhood Choice” rule, went into effect on August 7, 2020, and replaced HUD’s 2015 …
HUD’s New Affirmative Furthering Fair Housing and Disparate Impact Rules
In September and October 2020, two new rules issued by the U.S. Department of Housing and Urban Development (HUD) went into effect. Both rules replace policies that had been adopted during the Obama administration. Affirmatively Furthering Fair Housing Final Rule On September 8, 2020, HUD’s new “Affirmatively Furthering Fair Housing” (AFFH) rule took effect. The …
Fair Housing and Criminal Background Screening Guide: Public Housing and Section 8 Vouchers
The guidance below describes how a criminal record may affect applicants and tenants in North Carolina who live in subsidized housing. Public Housing Authorities (PHAs) operate a number of subsidized housing programs in North Carolina, including public housing and Housing Choice (“Section 8”) Vouchers. This guidance applies to Public Housing Authorities and Section 8 Housing …
Fair Housing and Criminal Background Screening Guide: Low Income Housing Tax Credit Properties
The guidance below describes how a criminal record may affect applicants and tenants at North Carolina apartment communities built with Low Income Housing Tax Credits. Apartment owners and management companies may conduct a criminal background check on each adult member of a household. They may also use the results of the check to determine whether …
Village of Clemmons Settles Discrimination Complaint Over Affordable Housing
RALEIGH, February 15, 2019 – On January 28, 2019, the Village of Clemmons and Village of Clemmons Village Council agreed to settle a fair housing discrimination complaint brought by two affordable developers over the Village’s refusal to allow an affordable housing community to be built. As part of the settlement, the Village has paid $150,000 to …
HUD Seeks Comments on “Reconsideration” of Disparate Impact Regulation
On June 20, 2018, the U.S. Department of Housing and Urban Development (HUD) published a notice asking for public comments regarding HUD’s “disparate impact” regulation. Comments to HUD in response to the notice are due by August 20, 2018. The Fair Housing Act prohibits discrimination based on race, color, religion, national origin, sex, familial status, …
HUD Announces Rule Regarding Harassment in Housing & Protections For Domestic Violence Victims
On September 14, 2016, the U.S. Department of Housing and Urban Development (HUD) issued a final rule setting out legal standards under the Fair Housing Act for sexual and other forms of harassment in housing. HUD and courts have long held that harassment in housing or housing-related transactions on the basis of race, color, national …
HUD Issues Guidance on Criminal History and Fair Housing
On April 4, 2016, the U.S. Department of Housing and Urban Development (HUD) issued guidance on “how the Fair Housing Act applies to the use of criminal history by providers or operators of housing and real-estate related transactions.” The guidance, issued by HUD’s Office of General Counsel, concludes that while the Fair Housing Act does …