Project 2025 Tracker / What’s done, what’s next

15. Department of Housing and Urban Development · Major

Repeal the Affirmatively Furthering Fair Housing (AFFH) regulation

Done

509 15. Department of Housing and Urban Development

“Repeal the Affirmatively Furthering Fair Housing (AFFH) regulation reinstituted under the Biden Administration and any other uses of special-purpose credit authorities to further equity.”

What has happened

  1. Done

    The second half of the ask — "any other uses of special-purpose credit authorities to further equity" — was carried out at the housing regulators. FHFA repealed 12 CFR part 1293, the Fair Lending, Fair Housing and Equitable Housing Finance Plans rule that required Fannie Mae and Freddie Mac to file equity plans (final rule effective 2026-03-09, adopting the 2025-07-28 proposal without change). The CFPB then rescinded its December 2020 Regulation B advisory opinion on for-profit special purpose credit programs on 2026-06-17.

  2. Done

    HUD's interim final rule "Affirmatively Furthering Fair Housing Revisions" (90 FR 11020, effective 2025-04-02) states that it "repeals the 2021 interim final rule, including any parts of the 2015 AFFH Rule incorporated therein" — the 2021 rule is the Biden reinstitution the Mandate names. It rewrote 24 CFR 5.150 and 5.151, removed and reserved 5.152, and struck the AFFH planning requirements from the consolidated-plan, HOME, CDBG, HOPWA, ESG and PHA-plan regulations (24 CFR parts 91, 92, 570, 574, 576, 903). A grantee's AFFH certification is now sufficient if it took any action rationally related to promoting fair housing. The comment period was extended to 2025-06-06; no final rule had followed as of 2026-08-27, and 24 CFR 5.150–5.151 remain on the books in the reduced form the interim rule wrote.

Research log

What was searched, and what didn’t count as evidence

Research notes

  • The interim final rule was still an interim rule on 2026-08-27: the comment period closed 2025-06-06 and no final AFFH rule had been published.
  • Two adjacent HUD deregulatory actions were found and deliberately not used as Evidence here, because they are separate objects rather than the AFFH regulation: the proposed rescission of the Affirmative Fair Housing Marketing regulations (https://www.federalregister.gov/documents/2025/06/03/2025-09991/rescission-of-affirmative-fair-housing-marketing-regulations, 2025-06-03) and the two proposed rules on HUD’s disparate-impact standard (2026-01-14, FR 2026-00590; 2026-08-10, FR 2026-16228). The disparate-impact pair belongs with #108.
  • The current text of 24 CFR 5.150–5.151 was checked through the eCFR’s structure listing for Title 24 as of 2026-08-01 (ecfr.gov/api/versioner/v1/structure/2026-08-01/title-24.json), which shows §§ 5.152–5.180 reserved. eCFR is a finding aid here, not Evidence; the Federal Register rule is the source.
Action
repeal
Object
Affirmatively Furthering Fair Housing (AFFH) regulation
ID
1412