Realtor officials expressed their disappointment and concerns about the Dept. of Housing and Urban Development's announcement to end the 2015 Affirmatively Furthering Fair Housing rule and to implement a new rule which they fear will roll back 50 years of work on fair housing and weaken HUD's role in promoting and protecting fair housing.
Realtors say the new rule minimizes a community's responsibility to reverse the impact of historical discrimination and segregation practices. The new rule also all but abdicates HUD's responsibility to properly monitor and oversee the implementation of the 1968 Fair Housing Act.
National Association of Realtors President Vince Malta expressed disappointment, noting HUD's decision "significantly weakens the federal government's commitment to the goals of the Fair Housing Act."
"NAR maintains that a strong, affirmative fair housing rule is vital to advancing our nation's progress toward thriving and inclusive communities," said Malta. "With the pandemic's disproportionate impact on people of color reminding us of the costs of the failure to address barriers to housing opportunity, NAR remains committed to ensuring no American is unfairly denied this fundamental right in the future."
Under the AFFH regulation, local jurisdictions receiving federal housing funds have to assess patterns of housing discrimination they have and come up with a plan to correct them. It also provides a data-based tool for proactively tracking patterns of poverty and segregation.
Fair housing advocates, civil rights, affordable housing and consumer advocacy organizations say the new rule, called Preserving Community and Neighborhood Choice, has a much lower bar because it merely allows local governments to self-certify that they are meeting their obligation to "affirmatively further fair housing" under the 1968 Fair Housing Act. The rule states HUD will rely on a "general commitment that grantees will use the funds to take active steps to promote fair housing."
California Association of Realtors President Jeanne Radsick said, "As stewards of fair housing, C.A.R. believes HUD should halt the final rule and actively work with the real estate industry to take a stronger stance on monitoring what communities are doing to implement and protect fair housing. There is still much work to be done, and C.A.R. is committed to working with its members to continuing to lead in the fight against housing and racial discrimination so all Americans can achieve the dream of homeownership."
Silicon Valley Association of Realtors President Mary Kay Groth reaffirmed Realtors' commitment to fair housing. "Realtors have a vital role in ensuring fair housing,so anyone one who seeks it will have the opportunity to purchase a home, free from discrimination."
Home sellers and prospective homebuyers all have rights and responsibilities under the Fair Housing Act, said Groth. "A home seller or landlord cannot discriminate in the sale, rental and financing of property on the basis of race, color, religion, sex, disability, familial status, or national origin. Buyers or renters have the right to expect that housing will be available to them without discrimination."
The Silicon Valley Association of REALTORS® (SILVAR) is a professional trade organization representing over 4,000 REALTORS® and Affiliate members engaged in the real estate business on the Peninsula and in the South Bay. SILVAR promotes the highest ethical standards of real estate practice, serves as an advocate for homeownership and homeowners, and represents the interests of property owners in Silicon Valley.
The term "REALTOR®" is a registered collective membership mark which identifies a real estate professional who is a member of the National Association of REALTORS® and who subscribes to its strict Code of Ethics.
Variations of this article have appeared in local area newspapers.
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