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One good thing that came out of the omnibus spending bill signed into law by President Donald Trump is that it defunds a key aspect of the Obama era Department of Housing and Urban Development (HUD) regulation, Affirmatively Furthering Fair Housing.
This was the rule enacted in 2015 that allowed HUD to order more than 1,200 cities and counties that accepted any part of $3 billion of annual community development block grants to rezone neighborhoods along income and racial criteria.
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Congress has spoken on this issue under its Article I power of the purse, and is now saying that the Fair Housing Act, community development block grants and this regulation can no longer be used to direct communities to undertake any changes to zoning.
Believe it or not, this is a game changer.
Without Congress acting, simply rescinding this regulation would have been far riskier for Carson and Trump.
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Should Democrats win the midterm elections in November, they might seek to strip this language out of next year’s HUD appropriations bill. To avert this possibility, Carson must begin the regulatory rescission process immediately. There is not a moment to lose.
Westchester County NY was the first target from Obama. The County filed a lawsuit to stop HUD forcing the County to rezone wide areas for low income housing.
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