Federal Register Comments Archives

HAC Agrees with HUD Fair Housing Rule

August 24, 2021/in Advocacy, Federal Register Comments U.S. Department of Housing and Urban Development

HAC has submitted a comment letter supporting HUD’s proposed cancellation of a fair housing regulation issued by the Trump administration in September 2020. This rule governs fair housing violation claims based on policies or actions with “disparate impacts” on categories of people protected by the Fair Housing Act.

The 2020 HUD rule, which would have made it more difficult to prove a disparate impact claim, never went into effect. A federal judge issued an injunction that left a 2013 disparate impact regulation in place while a lawsuit against the 2020 version was underway.

In June 2021, HUD proposed to reinstate the 2013 rule. HAC – along with thousands of others – supports that action.

As HAC’s comments pointed out:

Fair access to housing is essential. Research shows that decent, affordable housing improves residents’ physical and mental health, their ability to hold jobs, their children’s performance in school. Children’s life chances are deeply impacted by the neighborhoods where they grow up. Enforcing the Fair Housing Act against discrimination, both intended and incidental, helps our nation move towards inclusive and equitable rural, urban and suburban communities, where all residents can thrive.

HAC Supports Fair Housing Rule

July 14, 2021/in Advocacy, Federal Register Comments, News U.S. Department of Housing and Urban Development

HAC has submitted comments strongly supporting HUD’s decision to replace a fair housing regulation it issued in 2020. The new interim final rule is a positive step in a years-long process to require states, localities, and public housing agencies that receive HUD funds to “affirmatively further fair housing” (AFFH). As HAC’s comments note, working towards equality is essential. It is inherently the right thing to do – and it is crucial because research shows children’s life chances are deeply impacted by the neighborhoods where they grow up. Taking active steps to eliminate discrimination and segregation in homes and neighborhoods through enforcement of the Affirmatively Furthering Fair Housing requirement leads to inclusive and equitable rural, urban and suburban communities, where all residents can thrive.

The interim final rule does not mandate any specific fair housing planning mechanism for recipients of HUD funds. HUD plans to request comments on that subject through a separate notice.

HAC Weighs In on The Federal Reserve’s CRA Plan

February 18, 2021/in Federal Register Comments Community Reinvestment Act

The Community Reinvestment Act (CRA) is vitally important to communities across the nation. Through CRA, financial services have been made available to many neighborhoods that would otherwise be overlooked. In speaking of the importance of the CRA, Chairman Powell said, “The CRA plays a vital role in supporting economic opportunity in low-income and minority communities, in both rural and urban areas, and is a top priority for the Federal Reserve.”

The Housing Assistance Council responded to the Federal Reserve System’s Advanced Notice of Proposed Rulemaking on the Community Reinvestment Act to lend our voice to the process and help ensure rural community concerns are included in the discussion. HAC’s comments in response to the ANPR are focused on making sure CRA fulfills its yet unrealized potential in rural communities currently, and in any modernization effort.

HAC’s comments to the FHFA aim to improve Duty to Serve program

October 26, 2020/in Federal Register Comments Duty to Serve

The Housing Assistance Council (HAC) offered comments on Duty to Serve as the Enterprises (Fannie Mae and Freddie Mac) react to the housing and economic challenges of the COVID-19 pandemic and work to plan for the future of Duty to Serve. Our country is facing an unprecedented health and economic challenge, and Duty to Serve remains critically important to help rural areas weather the storm.

HAC’s comments covered all three Duty to Serve markets (rural housing, manufactured housing, and affordable housing preservation) and called for:

More transparent data availability so that stakeholders can better understand Duty to Serve progress and areas for improvement.
Continued investment in building partnerships with existing housing providers including local, regional and national nonprofits; tribes; and Community Development Financial Institutions (CDFIs) who already work in high-need communities,
More ambitious loan purchase goals in all three Duty to Serve markets.

HAC firmly sees Duty to Serve as a social justice issue. In an era in which racial and economic inequities are top-of-the-fold news stories, we can use Duty to Serve to go past minimum promised levels of loan purchase and try to fundamentally shift the lives of Black, Hispanic, Indigenous and persistently poor families.

Click here to read HAC’s full comment letter.

HAC’s Response to CRA Modernization Plan

April 9, 2020/in Federal Register Comments Community Reinvestment Act

The Housing Assistance Council submitted comments to the Office of the Comptroller of the Currency (OCC) and Federal Deposit Insurance Corporation (FDIC) on their proposal to modernize the Community Reinvestment Act.

For numerous reasons, The Housing Assistance Council does not support the OCC and FDIC’s proposal. HAC appreciates efforts and ideas in the plan to improve CRA’s reach and effectiveness in rural communities. These proposed improvements, however, are far outweighed by a considerable number of ill-conceived and unsubstantiated aspects of the plan that run counter to the intent, value, and effectiveness of CRA. Furthermore, the Housing Assistance Council is disappointed that the OCC and FDIC did not include the Federal Reserve as part of this proposal. Uniform implementation and oversight is critical for an effort as far reaching and important as CRA. Additionally, with the health and economic catastrophe created by the COVID-19 pandemic, there should be an indefinite suspension of the CRA comment period. The comment period deadline, which was initially proposed for only 60 days, should have been at least 120 days even under the best of circumstances.

The Housing Assistance Council unequivocally supports the Community Reinvestment Act and what it stands for. In any effort to modernize or modify CRA, it is imperative to fully consider the impact of those modifications and to ensure that CRA continues to build upon its unparalleled legacy of expanding access to financial products and services. HAC believes CRA can be modernized and improved, but it is important to acknowledge that CRA has been responsible for more than $1.5 trillion in capital investments to underserved communities. Without CRA, many communities would lack access to capital, revitalization efforts would have not occurred, and disinvestment would be more common. CRA should build upon its established platform for improving communities’ access to credit, not jeopardize the ethos, intent, and effectiveness of this vital institution.

HAC Comments on HUD's Proposed Rule Change for Mixed-Income Families

July 11, 2019/in Federal Register Comments

In May 2019 HUD proposed a change in regulations that would require public housing authorities and private landlords with HUD-assisted tenants to check tenants’ immigration status and to evict those who are not eligible for HUD aid. (Eligibility is not determined solely by citizenship or undocumented status. Some non-citizens who are legally in the U.S. are eligible and others are ineligible.) Currently, when ineligible immigrants have family members such as citizen children who are eligible, the dollar amount of the assistance is pro-rated and all members of the mixed-status family are allowed to live in the unit. The change would mean ineligible family members would have to separate from their families, or entire families would have to move out of their homes in order to stay together.

HUD received over 30,000 comments on its proposal. HAC submitted comments opposing the change.

HAC Shares Comments on OCC's "Reforming the Community Reinvestment Act Regulatory Framework" ANPR

November 16, 2018/in Federal Register Comments Community Reinvestment Act

The Housing Assistance Council (HAC) is presenting its comments to the Office of the Comptroller of Currency (OCC) on its “Reforming the Community Reinvestment Act Regulatory Framework” Advanced Notice of Proposed Rulemaking (ANPR). Through this ANPR, the OCC is seeking stakeholder comments on avenues to modernize CRA and increase lending and investment where it is needed most, reduce reporting burden, and assess performance, all in a manner consistent with the statute’s original purpose. Given its organizational focus on rural housing, HAC has prioritized its remarks related to questions and issues that most impact rural communities and consumers.

Download HAC’s Comments: PDF

HAC Shares DRAFT Comments on USDA Proposed Rule on Income Banding

October 23, 2018/in Federal Register Comments

The Housing Assistance Council is making available its DRAFT comments on USDA’s proposed rule published August 31, 2018, The proposal seeks to amend USDA’s regulations to implement a two-tier income limit structure and revise the methodology to determine area loan limits for its Single Family Housing direct loan and grant programs and make other changes. The proposed change to the income limit structure is intended to minimize the observed disconnect between minimum wages and the low median income in many areas. The proposed change to the Area Loan Limit methodology is intended to streamline the process and improve the reliability of the data set used to establish the area loan limits. HAC agrees that these are desirable goals. However, we are concerned that the proposed solutions will divert limited program resources to applicants with much higher incomes. HAC strongly urges the Agency to take positive steps to assure the program continues to serve those who are most in need. Comments are due to the Agency on or before October 30, 2018.

Download HAC’s Draft Comments: PDF | Word