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Comment to HUD Regarding “Affirmatively Furthering Fair Housing” Proposed Rule

Download PDF: HUD Comment Affirmatively Furthering Fair Housing

Commissioners Kirsanow, Gaziano, and Thernstrom submitted a comment to HUD opposing a proposed rule entitled, “Affirmatively Furthering Fair Housing.” The proposed rule relied on disparate impact theory to claim that racial and ethnic geographic clustering due to housing costs constituted segregation. The rule contemplated providing program participants with data about the racial and ethnic makeup of geographic areas. The participating programs would then use this information to encourage people to live in certain areas based on their race and ethnicity.