Bills Introduced to Invalidate HUD’s AFFH Regulation

On the same day as Dr. Ben Carson’s confirmation hearings, Representative Paul Gosar (R-AZ) introduced H.R. 482 and Senator Mike Lee (R-UT) introduced a companion bill, S. 103. Both bills are titled the “Local Zoning Decisions Protection Act of 2017.” The bills would nullify the new Affirmatively Furthering Fair Housing (AFFH) regulation and the Assessment Tools associated with the rule. The bills would also prohibit federal funds from being used for the HUD database containing geospatial information regarding community racial disparities and disparities in access to affordable housing.

The bills would also require the HUD secretary to jointly consult with state, local government, and public housing agency officials to develop recommendations to further the purposes of the “Fair Housing Act of 1968” by means other than through regulations. The HUD secretary would be required to draft a report based on the consultation, and the recommendations in the report could only be those reached by consensus.