HUD Proposes Rescission of Affirmative Fair Housing Marketing Regulations

June 5, 2025

On June 3, 2025, the Department of Housing and Urban Development (HUD) published a proposed rule in the Federal Register to rescind its Affirmative Fair Housing Marketing regulations, codified at 24 CFR parts 108 and 200, subpart M. These regulations currently require participants in certain HUD multifamily programs to develop and submit Affirmative Fair Housing Marketing Plans (AFHMPs) for HUD review and approval. The proposed rule applies to participants in HUD’s Federal Housing Administration (FHA) insurance and Multifamily Housing rental assistance programs.

The proposed rule would eliminate these long-standing requirements and associated compliance procedures. According to HUD, the rescission aligns with the HUD’s policy objectives of reducing regulatory burden and narrowing enforcement to instances of actual housing discrimination.

Key provisions of the proposed rule:

• Eliminates the AFHMP requirement – Owners and developers would no longer be required to create or submit AFHMPs to HUD or obtain HUD approval prior to beginning marketing activities.

• Rescinds compliance procedures and sanctions tied to AFHMP noncompliance, including notices of intent to begin marketing and compliance meetings.

• Removes related administrative burdens on housing providers, which HUD estimates currently total more than 12,000 staff hours annually across participating programs.

In the preamble to the proposed rule, HUD outlines several justifications, including limitations in statutory authority under the Fair Housing Act and Executive Order 11063, constitutional concerns under the Equal Protection Clause, and HUD’s current policy to avoid race-based outreach mandates.

It is important to note that this is a proposed rule and not yet final. HUD is seeking public comment before making a final determination. Comments on the proposed rule are due by July 3, 2025. CARH is reviewing the proposed rule and will be submitting comments before the July 3rd deadline. If you have any comments you would like CARH to consider adding to our response, please submit them to carh@carh.org no later than June 27, 2025.

Please contact the CARH National Office at carh@carh.org or 703-837-9001 should you have questions or concerns