HUD Backs Off on Housing Mandate

In a case with national ramifications, the Department of Housing & Urban Development (HUD) has effectively given up on its efforts to impose high-density housing on low-density suburbs in the name of racial integration. HUD had ordered Westchester County, New York, to build low-income housing in response to claims that county zoning led to segregated housing.

This was widely seen as the model for HUD’s affirmatively furthering fair housing rule, which requires local governments that have received federal housing funds to review local housing patterns with the de facto assumption that, if the community is not perfectly integrated, whatever segregation exists must be due to local zoning rules making housing less affordable.

In response to HUD’s order, Westchester County had submitted an analysis finding that, while the county was not perfectly integrated, local zoning was not the cause. The Obama administration had rejected this analysis, but the current administration accepted a new analysis that “essentially the same” as the rejected one. Continue reading