New Fair Housing Bill Reverses Policy, Mandates Active Effort to End Segregation, and Studies AI Discrimination

This bill, officially titled the Restoring Fair Housing Protections Eliminated by Trump Act of 2025, is a direct legislative pushback against recent actions that weakened federal oversight of housing discrimination. It essentially slams the brakes on a self-certification approach and forces the Department of Housing and Urban Development (HUD) to get back into the business of actively enforcing and promoting fair housing across the country. Key moves include reversing the cancellation of the Equal Access Rule and restoring grant funding for non-profits that investigate discrimination.

The Return of ‘Affirmatively Furthering Fair Housing’

If you’re involved in local government, community development, or rely on federal housing assistance, this is the biggest change. Section 5 of the bill mandates that within 90 days, HUD must scrap the recent rule allowing local entities to simply self-certify compliance. Instead, the Secretary must issue a new rule defining “affirmatively furthering fair housing” (AFFH). This isn't just about not discriminating; it’s about taking active steps to dismantle segregated neighborhoods and create inclusive communities. Think of it this way: instead of just making sure your local housing authority doesn't say ‘no’ to a protected class, they now have to proactively invest in ways that break up concentrations of poverty and connect residents to real opportunities, like good schools and jobs. This applies to every housing and urban development activity that receives federal money, meaning local governments and housing agencies will face a much higher bar for compliance—and a lot more paperwork.

Protecting Vulnerable Populations and Restoring Enforcement

Section 2 highlights several specific rollbacks this bill aims to fix. Critically, it restores the enforcement of the Equal Access Rule, which protects people experiencing homelessness from discrimination in shelters based on sexual orientation or gender identity. For a young person facing homelessness, this means they can access supportive services without fear of being turned away based on who they are. Furthermore, the bill reverses the cancellation of 78 Fair Housing Initiatives Program (FHIP) grants. These grants fund non-profit organizations that are the boots on the ground, investigating discrimination complaints—meaning local enforcement capacity is back online.

Shining a Light on Digital Discrimination

In a nod to the modern housing market, Section 6 requires HUD to conduct a deep dive into how technology is being used to discriminate. No later than 180 days after the bill passes, the Secretary must report to Congress on discrimination complaints involving digital platforms and artificial intelligence (AI). This includes AI used in screening tenants, targeting housing ads, approving mortgages, and setting dynamic real estate prices. This is crucial because if you’ve ever been denied an apartment or loan, the reason might be buried in a complex algorithm. The report must analyze whether the existing Fair Housing Act is even equipped to handle these digital threats and what steps HUD plans to take next. This is the government finally catching up to the reality that discrimination doesn't just happen face-to-face; it happens in the code.

Transparency Through Public Data

Section 7 creates a mandatory, publicly available database for fair housing complaints, updated every three months. This isn't just a list of names; it’s a detailed breakdown of accountability. The data must be categorized by protected class, state, complaint outcome, and whether the complaint involved retaliation—including how many people were evicted for reporting a violation. For renters, advocates, and researchers, this provides an unprecedented level of transparency. If you want to know how many housing complaints alleging disability discrimination were filed in your state last quarter and what happened to them, this database will be the place to look. It’s a powerful tool for holding HUD and local authorities accountable for their enforcement efforts.