Law Review

After SFFA: Affirmatively Furthering Fair Housing as a Remedy to Federal Housing Discrimination

Nearly sixty years after the passage of the Fair Housing Act (FHA), racial segregation, housing discrimination, and consequent disparities in health and opportunity stubbornly persist. Yet the Department of Housing and Urban Development has made limited use of the FHA’s most powerful provision: its mandate to affirmatively further fair housing. In recent years, new barriers […]The postAfter SFFA: Affirmatively Furthering Fair Housing as a Remedy to Federal Housing Discriminationappeared first onNYU Law Review.

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Priya Prasad
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Nearly sixty years after the passage of the Fair Housing Act (FHA), racial segregation, housing discrimination, and consequent disparities in health and opportunity stubbornly persist. Yet the Department of Housing and Urban Development has made limited use of the FHA’s most powerful provision: its mandate to affirmatively further fair housing. In recent years, new barriers […]The postAfter SFFA: Affirmatively Furthering Fair Housing as a Remedy to Federal Housing Discriminationappeared first onNYU Law Review.

Executive Summary

The article discusses the limited use of the Fair Housing Act's provision to affirmatively further fair housing, despite persistent racial segregation and housing discrimination. The Department of Housing and Urban Development has not fully utilized this mandate, and new barriers have emerged in recent years. The article explores the potential of this provision as a remedy to federal housing discrimination, nearly sixty years after the Fair Housing Act's passage.

Key Points

  • The Fair Housing Act's provision to affirmatively further fair housing has been underutilized
  • Racial segregation and housing discrimination persist despite the Act's passage
  • New barriers have emerged in recent years, hindering the provision's effectiveness

Merits

Comprehensive Approach

The article highlights the importance of a comprehensive approach to addressing housing discrimination, including the use of the affirmatively further fair housing provision.

Demerits

Limited Analysis of Barriers

The article could benefit from a more in-depth analysis of the new barriers that have emerged in recent years, and how they can be addressed.

Expert Commentary

The article provides a timely and important analysis of the affirmatively further fair housing provision, highlighting its potential as a remedy to federal housing discrimination. However, the article could benefit from a more nuanced discussion of the complexities surrounding the provision's implementation, including the need for increased funding and support. Furthermore, the article's findings have significant implications for housing policy and practice, and underscore the need for a comprehensive approach to addressing housing discrimination.

Recommendations

  • Increase funding and support for initiatives that promote fair housing
  • Conduct further research on the barriers to implementing the affirmatively further fair housing provision

Sources