The proposed rule to rescind HUD’s affirmative marketing regulations is here, and it is as bad as we feared: As previewed here and here, the U.S. Department of Housing and Urban Development (HUD) published a proposed ruleentitled “Rescission of Affirmative Fair Housing Marketing Regulations” on June 3, 2025. The public comment period for the proposed rule is scheduled to end on July 3, 2025, and those who are interested can submit comments at this link. As expected, the proposed rule – if finalized – would gut HUD’s affirmative marketing requirements by stripping the Department’s compliance procedures and its detailed description of what an affirmative marketing plan must include from the Code of Federal Regulations. The proposed rule is based on a misreading of the Supreme Court’s decision in Students for Fair Admissions v. President & Fellows of Harvard College (SFFA) and a distortion of what affirmative marketing actually is. HUD’s regulations direct assisted property owners to analyze which demographic groups are the least likely to apply for units and then select methods of outreach that overcome structural disparities in access to information for those communities. They do not determine who receives or does not receive federally-assisted housing units based on race. Despite its myriad flaws, the SFFA decision did not unsettle Supreme Court precedent affirming the validity of policies that are informed by analysis of racial demographic data but that do not allocate benefits or burdens based on race. The proposed rule also totally ignores the statutory framework underlying the existing requirements – HUD’s duty to affirmatively further fair housing under 42 U.S.C. § 3608. PRRAC’s more detailed breakdown of the proposed rule is available here. PRRAC is working to engage a broad set of coalition allies in opposition to the proposed rule and encourages civil rights and housing justice advocates to submit public comments by the July 3 deadline.
Time limits for Housing Choice Voucher holders would cause significant harm: National Public Radio has reported that HUD is considering initiating a rulemaking that would impose a two-year time limit on the receipt of Housing Choice Vouchers for households that do not include persons with disabilities or older adults. This reporting is in line with what the Trump Administration proposed in its budget request to Congress. Although the exact details of a proposed rule on time limits will inform our full analysis, the entire idea is misguided. Even much longer time limits ignore the reality of the current housing market: extremely low-income households that are able to attain a greater level of economic self-sufficiency through increased wages still struggle to afford homes, especially in high-cost regions. Additionally, time limits ignore that one of the most compelling rationales for the voucher program is its impact, especially when paired with mobility counseling, on the life trajectories of children. We also know that the length of children’s residence in low-poverty neighborhoods influences just how significant that impact is. Pulling the rug out from under families with children just as they are getting their footing in low-poverty neighborhoods would be cruel to say the least. Some housing authorities that have experimented with time limits have abandoned the policy in light of concerns like these. PRRAC will continue monitoring the threat of time limits as it develops.
Other news and resources
And Housing for All: The Fight to End Homelessness in America: Maria Foscarinis, founder of the National Homelessness Law Center, has a new book on the housing and homelessness crisis, its impact, and how to end it. Those who are in the D.C. area can see Maria discuss her book at the Union Market location of Politics & Prose at 7 PM on Thursday, June 12.
Ending Redlining through a Community-Centered Reform of the Community Reinvestment Act: Josh Silver, Senior Fellow at the National Community Reinvestment Coalition, has a new book on the successes and shortcomings of the Community Reinvestment Act and how to strengthen the law’s regulatory scheme to improve outcomes.
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