Biden Promises New Attention to Racial Inequality, Including Fair Housing

The Biden administration is announcing its intentions to overturn several controversial products of the Trump administration to weaken the the implementation of the Fair Housing Act of 1968 and the doctrine of disparate impact at its core.

2 minute read

January 28, 2021, 8:00 AM PST

By James Brasuell @CasualBrasuell


Washington, D.C.

Allison C Bailey / Shutterstock

The White House released a memorandum for the Secretary of the U.S. Department of Housing and Urban Development (HUD) that would take the first steps toward undoing some of the fair housing actions of HUD under the Trump administration. The memo is part of a series of executive orders signed this week by President Joe Biden to address racial equity.

After providing a lengthy introduction that examines the persistent problems of housing affordability and the disparate impacts of the housing affordability crisis on communities and individuals of color, the memorandum announces specifically the Biden administration's intentions to bolster the Fair Housing Act by reversing some of the actions of the Trump administration to weaken the 2015 Affirmatively Furthering Fair Housing Rule.

Several news sources picked up the news of the Biden administration's actions on Fair Housing this week.  

Writing for HousingWire, Alex Roha summarizes the news thusly:

In a memorandum, Biden called on HUD to examine changes the Trump administration made last year to several rules, including “Preserving Community and Neighborhood Choice” and “HUD’s Implementation of the Fair Housing Act’s Disparate Impact Standard.” The agency will examine whether the Trump administration’s rules harmed access to fair housing.

Under Biden’s directive, HUD will reassess its interpretation of the Fair Housing Act’s disparate impact standard, a rule initially enacted by HUD during the Obama administration and used as a mechanism to enforce the Fair Housing Act.

And for Bloomberg CityLab, Kriston Capps writes:

President Joe Biden signed an executive order on Jan. 27 directing his administration to end policies that enable discrimination in housing and lending, and acknowledging the federal government’s role in erecting systemic barriers to fair housing. It’s a blueprint for an agenda aimed at swiftly undoing the controversial efforts of his predecessor.

And for The Hill, Morgan Chalfant and Marty Johnson write:

Biden signed a memorandum directing the Department of Housing and Urban Development (HUD) to begin the process of rooting out systemic racism in the housing market by analyzing areas where the previous administration’s policies undermined fair housing laws, according to senior administration officials.

Much of the task of following President Biden's direction to align the work of HUD with the broader goals of the Fair Housing Act now fall to incoming HUD Secretary Marcia Fudge.

A noted by Capps, the Biden administration's work address racial inequality is already planning to go beyond the effort to undo Trump administration's changes to U.S. Fair Housing rules. "The president has pledged federal action to pursue environmental justice, lift restrictions on housing production and ease the racial gap in homeownership and homelessness alike," writes Capps.

Tuesday, January 26, 2021 in The White House

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

High-rise apartment buildings in Waikiki, Hawaii with steep green mountains in background.

Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss

The plan would reduce visitor accommodation by 25% resulting in 1,900 jobs lost.

April 6, 2025 - Honolulu Civil Beat

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 10, 2025 - Diana Ionescu

Streetcar and bus stopped at station on Market Street in San Francisco with Ferry Building visible in background.

Waymo Gets Permission to Map SF’s Market Street

If allowed to operate on the traffic-restricted street, Waymo’s autonomous taxis would have a leg up over ride-hailing competitors — and counter the city’s efforts to grow bike and pedestrian on the thoroughfare.

1 hour ago - San Francisco Examiner

Parklet with wooden benches and flower boxes on street in Ireland.

Parklet Symposium Highlights the Success of Shared Spaces

Parklets got a boost during the Covid-19 pandemic, when the concept was translated to outdoor dining programs that offered restaurants a lifeline during the shutdown.

2 hours ago - Streetsblog San Francisco

Bronze statue of homeless man (Jesus) with head down and arm outstretched in front of St. Matthew Cathedral in Washington D.C.

Federal Homelessness Agency Places Entire Staff on Leave

The U.S. Interagency Council on Homelessness is the only federal agency dedicated to preventing and ending homelessness.

3 hours ago - The New York Times