Understanding the New AFFH Interim Final Rule

On March 3, 2025, the U.S. Department of Housing and Urban Development (HUD) published its stripped-down version of the Affirmatively Furthering Fair Housing Rule to the federal register. This guidance is meant to help people understand what has changed and what this could mean for states and local jurisdictions. We will keep this page updated with emerging resources and guidance.

What is the Affirmatively Furthering Fair Housing (AFFH) Rule?

The Affirmatively Furthering Fair Housing (AFFH) Rule is intended to implement a provision of the Fair Housing Act of 1968, which banned housing discrimination and predatory real estate practices. The AFFH was designed to help local governments and housing agencies proactively address persistent barriers to fair housing and equal opportunity.  

The people who fought for and designed the Fair Housing Act understood that just outlawing the most obvious discrimination would not reverse the harms caused by entrenched racial inequities, from redlining to predatory lending practices and more. That’s why they added a provision that requires the government to Affirmatively Further Fair Housing — meaning any entity that gets our public federal funds from HUD has to show how they’re using that money to proactively end housing inequities, and all the ways they affect people’s lives — from access to good schools, public transportation, jobs, and clean water and air.

Access to fair housing is fundamental to ensuring that all individuals and families—regardless of race, ethnicity, disability, or other protected characteristics—can live in safe, stable, and thriving neighborhoods. The rule thereby has been critical to helping our communities make progress toward the goals of achieving housing opportunity, overcoming historic patterns of racial and other segregation, and improving coordinated public investment in areas of highly concentrated poverty. 

You can learn more about the history of the Fair Housing Act and the AFFH rule at the National Fair Housing Alliance. 

What is the Interim Final Rule?

The recent Interim Final Rule (IFR) — HUD’s latest version of the Affirmatively Furthering Fair Housing Rule, published on March 3, 2025 — weakens the tools available to communities by removing key planning mechanisms that help jurisdictions identify and address fair housing challenges. While it maintains a general requirement that grantees take steps to promote fair housing, it eliminates the structured framework that provided clear guidance, accountability, and support for jurisdictions working to advance housing equity. 

Although the AFFH rule is a federal rule, it is implemented regionally and locally. The AFFH rule has supported integrated assessment and planning approaches that more closely examine and address patterns of disinvestment and barriers to opportunity. With a robust and structured planning process, AFFH has helped align investments in transportation, education, housing, infrastructure, public health, and economic development to foster access to opportunity for those currently being left out and undo the harmful impacts of disinvestment in segregated and marginalized communities.

Without a structured approach like the Assessment of Fair Housing or Analysis of Impediments, communities may struggle to effectively align federal funding with fair housing goals, weakening efforts to dismantle historical patterns of segregation and economic exclusion. 

What does this mean for states and local jurisdictions?

Under the new AFFH Interim Final Rule (IFR), jurisdictions will still be required to certify that they are affirmatively furthering fair housing (AFFH). However, these certifications will be deemed sufficient as long as the jurisdiction took any action during the relevant period that is rationally related to promoting fair housing, such as efforts to eliminate housing discrimination or to improve housing conditions. Unlike previous requirements, jurisdictions will not need to provide detailed reports or justifications to demonstrate compliance.

Despite this shift at the federal level, states and local jurisdictions can continue to implement their own policies and planning efforts to promote inclusive communities. 

The IFR, as currently written, places heavy emphasis on local control. This approach can and should be used to advance, rather than weaken, fair housing commitments. 

Many local and state leaders have already demonstrated their commitment by using data-driven tools and engaging in meaningful community participation to shape policies that expand housing choice and opportunity. 

  • In 2017, the City of Philadelphia, using the 2015 AFFH rule, conducted its Assessment of Fair Housing (AFH), a process that engaged community members, including tenants and grassroots organizers. Due to the advocacy and organizing work of tenants, the AFH resulted in the city establishing goals, such as increasing representation for low-income tenants in eviction court. In 2019, the Philadelphia City Council voted unanimously to pass a renter’s right to counsel ordinance, guaranteeing all low-income renters access to an attorney to fight their eviction. The program went into effect in February 2022. 
  • Also under the 2015 AFFH rule, the City of New Orleans engaged over 100 stakeholder organizations and heard many residents express concern about disparities in access to “good schools,” the lack of housing near schools, problems with resources at schools, and a desire for schools that were more integrated into neighborhoods. This led the city to make “location of proficient schools and school assignment policies” a high priority in its fair housing goal.

These efforts remain vital, and we encourage jurisdictions to continue to leverage the resources available to them to build more equitable communities.  

How can communities respond to protect fair housing rights?

1. Submit public comments on the new HUD AFFH Interim Final Rule

Although the rule will be finalized on April 2, 2025, HUD is inviting public comment on the IFR for a 60-day period until May 2, 2025 and has stated that all feedback will be considered as part of its ongoing review to ensure consistency. Comments can be submitted to the Federal Register Federal Register :: Affirmatively Furthering Fair Housing Revisions 

To support stakeholders in the AFFH public comment process, PolicyLink developed a public comment guide for the Biden Administration’s 2023 Proposed AFFH Rule. While the substance of the 2025 IFR differs from the 2023 proposed rule, the guidance in this resource remains highly relevant. It provides essential tools to help individuals and organizations craft strong, equity-focused comments, including:

  • Strategies for advancing equity in public comments
  • An overview of the federal rulemaking and public comment process
  • A step-by-step guide to writing and submitting effective feedback
  • Key data sources to strengthen your comment
  • Sample language tailored for organizations across sectors

We encourage you to use this guide as a resource to amplify equity in the public comment process. Explore the full guide and access additional tools here:

2. Strengthen state and local AFFH Policies

The proposed 2025 AFFH IFR underscores the critical need to advance fair housing protections through local and state policy frameworks. These efforts provide a lasting and effective mechanism for upholding and expanding the goals of the Fair Housing Act.

State-based rules, such as California’s AB 686 and local legislation, such as Boston’s AFFH policy, demonstrate the potential for state and local leadership to ensure meaningful fair housing planning and implementation. These policies not only institutionalize fair housing practices but also empower communities to craft solutions tailored to their unique contexts and needs.

You can explore more about AFFH and access additional advocacy tools using the links below,  and continue to check back here for guidance to support states and local jurisdictions.

PolicyLink aims to support local leaders and organizations as leaders in fair housing initiatives. We invite you to connect with us at housing-team@policylink.org to learn how you can get involved and advocate for stronger local and state fair housing planning processes. 

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