The Trump administration is scaling back Obama-era guidance on how to handle the Fair Housing Act’s statute of limitations regarding “design and construction requirements,” which the Department of Housing and Urban Development argues a lack of proper enforcement has led to higher costs for renters and those seeking to purchase homes.
HUD said that the past reading of the law has led to $110 million in fixing buildings in a way that likely was not needed.
“For too long, unnecessary government policies have contributed to the skyrocketing cost of building, buying, and renting a home. Today’s action rescinds unnecessary and expensive liability created by legal theories that have no basis in law,” HUD Secretary Scott Turner said in a statement on Tuesday.
“The Trump Administration is following the law as written by Congress and interpreted by the courts. We will continue to repeal and replace guidance that does not honor these lawful commitments while ensuring Americans can access affordable housing,” Turner continued.
Assistant Secretary for Fair Housing and Equal Opportunity Craig Trainor said in a statement that the administration is now following how Congress originally wrote the law.
“That limitation is part of the law, not a suggestion for sly bureaucrats to disregard,” Trainor stated. “We will not allow Obama-era guidance to rewrite the Fair Housing Act, expose American builders to indefinite legal liability, and make housing less affordable for hardworking American families.”
Specifically, the memorandum from Trainor states that HUD “will treat an alleged violation […] as a distinct discriminatory housing practice that ends when the design and construction of a covered multifamily dwelling is completed.”
“An administrative complaint alleging such a violation must be filed with the Department’s Office of Fair Housing and Equal Opportunity (FHEO) within one year of the issuance of the initial certificate of occupancy,” the memorandum continues.