Governor Andrew M. Cuomo today announced New York State is moving to join a lawsuit against the federal government for failing to enforce the Fair Housing Act. The lawsuit aims to force the U.S. Department of Housing and Urban Development to enforce a rule requiring local and state governments to address segregated housing patterns as a condition of receiving federal housing funding. New York is the first state in the nation to move to join in the national lawsuit filed by a group of fair housing advocates which seeks to reverse HUD's suspension of the implementation of the Affirmatively Furthering Fair Housing Rule.

"As a former HUD Secretary, it is unconscionable to me that the agency entrusted to protect against housing discrimination is abdicating its responsibility, and New York will not stand by and allow the federal government to undo decades of progress in housing rights," Governor Cuomo said. "The right to rent or buy housing free from discrimination is fundamental under the law, and we must do everything in our power to protect those rights and fight segregation in our communities."

"Fifty years ago, the Fair Housing Act was signed into law, banning housing discrimination. Yet the Trump administration is now delaying a critical rule requiring state and local governments to address segregated housing as a condition of federal funding," said Acting Attorney General Barbara D. Underwood. "This is yet another effort by the Trump Administration to take our country—and our state—backwards, and we intend to join a lawsuit to block this unlawful action."

The obligation to "affirmatively further fair housing" has applied to all HUD funding since the Fair Housing Act was passed in 1968. In July 2015, under the Obama administration, HUD adopted a set of federal regulations—known as the AFFH Rule—to guide the compliance efforts of local and state recipients of HUD's block grant funds. The AFFH Rule strengthened HUD's civil rights oversight of grantees and encouraged grantees to fulfill their obligation to affirmatively further fair housing and achieve the goals of the Fair Housing Act.

In January, under the Trump administration, HUD postponed the implementation of a requirement that local governments conduct an in-depth analysis -- called an Assessment of Fair Housing. This assessment informs efforts to address housing discrimination, encourage residential integration, and remove barriers to opportunity. The rule also requires the results of that analysis to be submitted to HUD, with actions identified to remove barriers to fair housing, prior to receiving federal housing funds. By suspending the requirement, HUD effectively quit its obligation to provide civil rights oversight for as much as $5.5 billion per year in the funding that is distributed to over 40 jurisdictions in New York and almost 1,000 jurisdictions across the country.

The case, National Fair Housing Alliance et al v. Carson, is a legal challenge brought by civil rights groups to block HUD from unnecessarily delaying implementation of AFFH Rule's requirement for an Assessment of Fair Housing.

New York has concrete interests in this critical civil rights lawsuit that require the State to take action to uphold the tenets of fair housing. The State's motion to join the case will establish that the Fair Housing Act requires HUD to administer its programs in a manner that affirmatively furthers fair housing and, by suspending the AFFH Rule's requirements, that HUD has abdicated this statutory requirement for years to come. Specifically, the suspension of the AFFH Rule' is unlawful because HUD failed to follow federal law requiring notice and public comment and failed to provide sufficient justification for the suspension the AFFH Rule's requirements. 

The state's motion to intervene will be supported by evidence demonstrating that HUD's failure to enforce adequately enforce the Fair Housing Act will harm residents and communities in New York State.

Governor Andrew M. Cuomo said, "The right to rent or buy housing free from discrimination is fundamental under the law, and we must do everything in our power to protect those rights and fight segregation in our communities."

Governor Andrew M. Cuomo today announced New York State is moving to join a lawsuit against the federal government for failing to enforce the Fair Housing Act. The lawsuit aims to force the U.S. Department of Housing and Urban Development to enforce a rule requiring local and state governments to address segregated housing patterns as a condition of receiving federal housing funding. New York is the first state in the nation to move to join in the national lawsuit filed by a group of fair housing advocates which seeks to reverse HUD's suspension of the implementation of the Affirmatively Furthering Fair Housing Rule.

"As a former HUD Secretary, it is unconscionable to me that the agency entrusted to protect against housing discrimination is abdicating its responsibility, and New York will not stand by and allow the federal government to undo decades of progress in housing rights," Governor Cuomo said. "The right to rent or buy housing free from discrimination is fundamental under the law, and we must do everything in our power to protect those rights and fight segregation in our communities."

"Fifty years ago, the Fair Housing Act was signed into law, banning housing discrimination. Yet the Trump administration is now delaying a critical rule requiring state and local governments to address segregated housing as a condition of federal funding," said Acting Attorney General Barbara D. Underwood. "This is yet another effort by the Trump Administration to take our country—and our state—backwards, and we intend to join a lawsuit to block this unlawful action."

The obligation to "affirmatively further fair housing" has applied to all HUD funding since the Fair Housing Act was passed in 1968. In July 2015, under the Obama administration, HUD adopted a set of federal regulations—known as the AFFH Rule—to guide the compliance efforts of local and state recipients of HUD's block grant funds. The AFFH Rule strengthened HUD's civil rights oversight of grantees and encouraged grantees to fulfill their obligation to affirmatively further fair housing and achieve the goals of the Fair Housing Act.

In January, under the Trump administration, HUD postponed the implementation of a requirement that local governments conduct an in-depth analysis -- called an Assessment of Fair Housing. This assessment informs efforts to address housing discrimination, encourage residential integration, and remove barriers to opportunity. The rule also requires the results of that analysis to be submitted to HUD, with actions identified to remove barriers to fair housing, prior to receiving federal housing funds. By suspending the requirement, HUD effectively quit its obligation to provide civil rights oversight for as much as $5.5 billion per year in the funding that is distributed to over 40 jurisdictions in New York and almost 1,000 jurisdictions across the country.

The case, National Fair Housing Alliance et al v. Carson, is a legal challenge brought by civil rights groups to block HUD from unnecessarily delaying implementation of AFFH Rule's requirement for an Assessment of Fair Housing.

New York has concrete interests in this critical civil rights lawsuit that require the State to take action to uphold the tenets of fair housing. The State's motion to join the case will establish that the Fair Housing Act requires HUD to administer its programs in a manner that affirmatively furthers fair housing and, by suspending the AFFH Rule's requirements, that HUD has abdicated this statutory requirement for years to come. Specifically, the suspension of the AFFH Rule' is unlawful because HUD failed to follow federal law requiring notice and public comment and failed to provide sufficient justification for the suspension the AFFH Rule's requirements. 

The state's motion to intervene will be supported by evidence demonstrating that HUD's failure to enforce adequately enforce the Fair Housing Act will harm residents and communities in New York State.

Governor Andrew M. Cuomo said, "The right to rent or buy housing free from discrimination is fundamental under the law, and we must do everything in our power to protect those rights and fight segregation in our communities."