PolicyBrief
H.R. 3086
119th CongressApr 29th 2025
Restoring Fair Housing Protections Eliminated by Trump Act of 2025
IN COMMITTEE

The "Restoring Fair Housing Protections Eliminated by Trump Act of 2025" aims to reverse actions that undermined fair housing, reinforce HUD's mission to promote inclusive communities, and enhance transparency and accountability in addressing housing discrimination.

Maxine Waters
D

Maxine Waters

Representative

CA-43

LEGISLATION

Fair Housing Flip: Bill Aims to Undo Trump-Era Policies, Probe AI Bias, and Launch Public Complaint Tracker

Alright, let's talk about the "Restoring Fair Housing Protections Eliminated by Trump Act of 2025." In a nutshell, this bill is looking to hit a major reset button on how fair housing is handled, specifically by rolling back changes made during the Trump administration. One of its first big moves? Ordering the Department of Housing and Urban Development (HUD) to scrap an interim rule on "Affirmatively Furthering Fair Housing" (AFFH) – that's the one from March 3, 2025 – and to do it within 90 days of this bill potentially becoming law. The main goal here is to significantly strengthen fair housing enforcement, get a handle on how modern tech might be leading to discrimination, and make the whole complaint process way more transparent for everyday folks.

AFFH Gets a Reboot: More Than Just Not Discriminating

So, what's the big deal with "Affirmatively Furthering Fair Housing" or AFFH? This bill isn't just about telling HUD to undo a previous rule; it's pushing for a much stronger definition. Section 4 lays it out: the new AFFH rule needs to define it as taking "meaningful actions...to overcome patterns of segregation and foster inclusive communities." Think of it this way: it's not enough for landlords or cities to just not discriminate. This aims to push them to actively work on fixing long-standing issues. For instance, if a town has historically lacked diverse housing options, the new AFFH could mean more pressure to allow different types of homes or improve public transit to connect underserved areas with job centers. This could mean more housing choices in more neighborhoods for someone trying to find a place to live. The bill also tweaks HUD's official mission (Section 3), making it crystal clear that part of its job is "creating strong, sustainable, inclusive communities and quality affordable homes for all." That's not just fancy talk; it's meant to guide how HUD operates day-to-day.

Is Your Landlord an Algorithm? Tackling Tech Bias in Housing

Ever applied for an apartment online and wondered if you got a fair shake? Or seen housing ads that seem a little too targeted? Section 5 of this bill wants HUD to dig into that. Within 180 days, HUD would need to report to Congress on housing discrimination happening through digital platforms or artificial intelligence (AI). We're talking about AI used for everything from "advertisement delivery and targeting, tenant screening, automated mortgage underwriting, dynamic pricing of real estate, and real estate listings." The bill even points to the definition of AI found in the John S. McCain National Defense Authorization Act for Fiscal Year 2019, so we're talking about the sophisticated stuff. Basically, if a computer program is involved in deciding who gets to see an apartment ad, whose rental application gets approved, or even what mortgage rate you're offered, this bill wants to know if there's bias baked into the code. It’s about ensuring that the algorithms making these big decisions aren't accidentally – or intentionally – shutting people out based on things they shouldn't be.

Open Records for Fair Housing: Shining a Light on Complaints

Finally, this bill wants to pull back the curtain on fair housing complaints. Section 6 mandates that HUD create a "publicly available database" of these complaints, updated every three months. This database would include a ton of information, like the total number of complaints broken down by protected class (think race, religion, disability, familial status, etc.), how many relate to the Violence Against Women Act, where the complaints are coming from (state-by-state), and even the status of these complaints – whether they were resolved, what remedies were provided, or why they were closed. Don't worry, it also says this needs to be "subject to confidentiality constraints," so your personal details should be protected. Imagine you're moving and want to see if there's a pattern of complaints in a certain area, or if you've filed a complaint yourself and want to understand how similar cases are handled. This database aims to make that information accessible, making the system less of a black box for everyone. The bill is thorough here, defining "covered housing" to include a vast range of federally assisted housing programs, from public housing and Section 8 vouchers to rural housing assistance and properties financed with low-income housing tax credits.