The Department of Housing and Urban Development (HUD) has posted two new pending revisions to fair housing policies, including an Affirmatively Furthering Fair Housing (AFFH) interim final rule and an Equal Access proposed rule.

AFFH directs the government to promote fair housing choice, eliminate disparities in housing, and foster inclusive communities, and the Equal Access to Housing in HUD Programs ensures equal participation for the LGBTQ community; both are seen as key fair housing policies at HUD.

In 2023, under former HUD Secretary Marcia Fudge’s leadership, HUD initiated a LeadingAge-supported process to expand AFFH, but the agency withdrew the expansion proposal late in former President Biden’s term because of procedural risk under the new administration. While the text of the new administration’s AFFH proposal is not yet available to view, LeadingAge expects it to roll back existing elements of AFFH that some housing providers see as overreaching and burdensome.

The Equal Access proposed rule text is also not yet available, but new HUD Secretary Scott Turner announced in early February that the agency would immediately stop enforcement and soon officially reverse the Obama-era Equal Access policy that ensured access to HUD programs for people identifying as LGBTQ, including in accordance with a person’s gender identity vs. gender assigned at birth.

LeadingAge has requested meetings with the Office of Information and Regulatory Affairs (OIRA) to discuss both proposals and their impact on older adults. OIRA has since told LeadingAge that its review of the AFFH interim final rule has been completed.