California Attorney General Rob Bonta co-led a coalition of 18 attorneys general in sending a comment letter to the Trump Administration’s U.S. Department of Housing and Urban Development (HUD), opposing its interim final rule that walks back HUD’s duty to affirmatively further fair housing (AFFH). Under the Fair Housing Act (FHA), HUD is statutorily required to administer programs that prevent discrimination in home sales or rentals and affirmatively further fair housing (otherwise known as the AFFH Mandate), which includes combatting the persistence of segregation in housing and its harmful effects. In 2021, HUD issued a rule requiring that all grantees — including local governments, states, and public housing authorities — certify their AFFH compliance prior to receiving any federal funding. HUD’s new interim final rule walks back this requirement, replaces robust rules with a weak AFFH certification process, and seeks to dismantle HUD’s prior AFFH rulemaking efforts.

“During the first Trump Administration, the U.S. Department of Housing and Urban Development tried repeatedly to abandon its legal obligation to facilitate fair housing. My office took a leadership role in fighting back, and we’re doing so again now,” said Attorney General Bonta. “Ending housing discrimination and fostering diverse communities should not be controversial. My fellow attorneys general and I will continue to champion fair housing opportunities for all.”

In their letter, the attorneys general argue that the new interim final rule violates the charge of the FHA and the AFFH Mandate, as it does not require grantees to meaningfully evaluate whether their actions will reduce segregation and promote integration, nor does it require any specific fair housing planning processes. Instead, it undermines efforts to promote fair housing and ignores HUD’s statutory requirement to affirmatively further fair housing. According to the attorneys general, the proposed rule lacks any factual basis for its drastic policy change and practically depletes HUD’s oversight to identify and address barriers to fair housing.

Many California municipalities and public housing authorities are recipients of HUD funding awards. The Trump Administration’s new interim final rule will undermine California’s efforts to combat housing segregation, promote equal housing opportunities, and address homelessness throughout the state.

Attorney General Bonta co-led the letter with Massachusetts Attorney General Joy Campbell and New York Attorney General Letitia James. They were joined by the attorneys general of Arizona, Connecticut, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.

A copy of the comment letter can be found here.