Could the Affirmatively Furthering Fair Housing Rule Be Restored? 

Rep. Maxine Waters and Sen. Elizabeth Warren have introduced the “Restoring Fair Housing Protections Eliminated by Trump Act of 2025,” a measure that would restore the Affirmatively Furthering Fair Housing (AFFH) Rule that was eliminated by U.S. Department of Housing & Urban Development (HUD) Secretary Scott Turner.

In late February, HUD Secretary Turner issued an order to repeal the AFFH rule, a rule originally designed to help identify and address barriers to fair housing. The Act introduced by Rep. Waters and Sen. Warren seeks to restore the AFFH rule, and ensure that meaningful steps to advance housing equity are being taken.

“As our nation faces the worst affordable housing and homelessness crisis in history, we cannot afford to lose protections that help to address systematic housing discrimination and promote housing equity. And yet, Secretary Turner’s decision to eliminate the Affirmatively Furthering Fair Housing Rule is not only reckless—it’s a dangerous step backward that will only make the crisis worse and deny vulnerable communities the fair housing they deserve,” said Rep. Waters. “That’s why I am proud to partner with Sen. Warren to introduce the ‘Restoring Fair Housing Protections Eliminated by Trump Act of 2025,’ which, if passed, would not only restore this important safeguard but would also shine a light on where the system is falling short, expose harmful patterns of discrimination and strengthen enforcement to ensure that every community—especially those that have been historically marginalized—has access to safe, dignified and affordable housing. I urge my colleagues in Congress to support this legislation and oppose any efforts by the Trump Administration to strip hardworking Americans of their rights to freely and fairly access safe, decent, and affordable housing in the communities of their choice.”

The AFFH Rule was introduced by the Obama administration in 2015, as a set of guidelines that required federal agencies to work to end housing discrimination. It mandated the completion of complex jurisdictional and regional analysis, submission of a 92-question grading tool, and an analysis of impediments. The rule is based on the Fair Housing Act of 1968—passed as part of the Civil Rights Act of 1968—which prohibits discrimination in housing based on race, color, religion, sex, disability, and more.

“President Trump and his Administration are emboldening housing discrimination at every turn, hurting the elderly and disabled people, women experiencing domestic violence, and racial minorities across our country,” said Sen. Warren. “Americans deserve a government that fights for them in their toughest moments, which is why I’m proud to partner with Congresswoman Waters to introduce this bill that would reverse course on the Trump Administration’s dangerous attack against fair housing protections and help deliver on the promise of equal opportunity for communities across the country.”

This legislation led by Waters and Warren restores fair housing protections eliminated by Secretary Turner by requiring HUD to:

  • Eliminate the Trump Administration’s 2025 interim final rule and reinstate the 2021 interim final rule definition of Affirmatively Furthering Fair Housing
  • Create a public database of fair housing complaints
  • Issue a report to Congress regarding complaints related to digital platforms and artificial intelligence systems used for tenant screening, rent setting, real estate listings

A version of this bill was first introduced by Rep. Waters in 2018 during the first Trump administration following actions taken by then-HUD Secretary Ben Carson to eliminate fair housing protections.

Click here to read the full “Restoring Fair Housing Protections Eliminated by Trump Act of 2025.

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Picture of Eric C. Peck

Eric C. Peck

MortgagePoint Managing Digital Editor Eric C. Peck has 25-plus years’ experience covering the mortgage industry. He graduated from the New York Institute of Technology, where he received his B.A. in Communication Arts/Media. After graduating, he began his professional career in New York City with Videography Magazine before landing in the mortgage finance space. Peck has edited three published books, and has served as Copy Editor for Entrepreneur.com.
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