Attorney General James Urges HUD to Continue Enforcing Requirements that Promote Fair Housing

NEW YORK – New York Attorney General Letitia James today joined a coalition of 18 attorneys general in urging the U.S. Department of Housing and Urban Development (HUD) to restore fair housing rules that require HUD and its grant recipients to support fair housing in communities across the country. In March 2025, HUD announced new interim rules that reduce the agency’s prior efforts to address housing segregation and promote integration by eliminating nearly all fair housing requirements for grant recipients, including some that had been in place for many years. In their comment letter, Attorney General James and the coalition argue that the interim final rules violate HUD’s responsibilities under the Fair Housing Act.

“It is a shame that the Trump administration is trying to walk back HUD’s responsibility to prevent housing discrimination in communities across our country,” said Attorney General James. “Fair housing requirements help address the harmful effects of housing segregation and ensure that everyone can access housing with dignity. HUD has a duty to protect fair housing, and I am proud to stand with my fellow attorneys general to hold them to account.”

Under the Fair Housing Act, HUD is statutorily required to administer programs that prevent discrimination in home sales or rentals and affirmatively further fair housing (AFFH), which includes taking specific and meaningful actions to promote integrated housing and combat the persistence of segregation in housing and its harmful effects. In 2021, HUD issued a rule requiring that all grantees 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. 

In their letter, the attorneys general argue that the new interim final rule is contrary to the text and purpose of the Fair Housing Act 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. 

This is the latest action taken by Attorney General James to protect access to fair housing. Last month, Attorney General James co-led a coalition of attorneys general in urging the U.S. Court of Appeals for the First Circuit to reinstate congressionally-appropriated funding for fair housing organizations in New York and across the country. In April, Attorney General James stopped two brothers and their spouses who own three rental buildings in the Capital Region from illegally denying housing opportunities to low-income renters. In February, Attorney General James announced $970,000 in grants to support and expand fair housing testing and enforcement in New York’s Capital Region. In August 2024, Attorney General James made Shamco Management Corp. pay $400,000 to low-income tenants in New York City for illegally denying housing opportunities. In February 2024, Attorney General James announced an agreement with real estate broker Pasquale Marciano and his companies to stop illegal policies that denied housing opportunities to low-income renters.

Joining Attorney General James in submitting the comment letter are the attorneys general of Arizona, California, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia.