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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Presidential Documents to air and water pollution, and growing risks of housing instability from climate crises like extreme heat, flooding, and wildfires. And the racial wealth gap is wider than it was when the Fair Housing Act was enacted, driven in part by persistent disparities in access to homeownership. Although Federal fair housing laws were expanded to include protections for individuals with disabilities, a lack of access to affordable and integrated living options remains a significant problem.
The Federal Government has a critical role to play in overcoming and redressing this history of discrimination and in protecting against other forms of discrimination by applying and enforcing Federal civil rights and fair housing laws. It can help ensure that fair and equal access to housing opportunity exists for all throughout the United States. This goal is consistent with the Fair Housing Act, which imposes on Federal departments and agencies the duty to administer their programs and activities relating to housing and urban development . . . in a manner affirmatively to further fair housing 42 U.S.C. 3608d. This is not only a mandate to refrain from discrimination but a mandate to take actions that undo historic patterns of segregation and other types of discrimination and that afford access to long-denied opportunities.
Accordingly, it is the policy of my Administration that the Federal Government shall work with communities to end housing discrimination, to provide redress to those who have experienced housing discrimination, to eliminate racial bias and other forms of discrimination in all stages of home-buying and renting, to lift barriers that restrict housing and neighborhood choice, to promote diverse and inclusive communities, to ensure sufficient physically accessible housing, and to secure equal access to housing opportunity for all.
Sec. 2. Examining Recent Regulatory Actions. The Secretary of Housing and Urban Development HUD shall, as soon as practicable, take all steps necessary to examine the effects of the August 7, 2020, rule entitled Preserving Community and Neighborhood Choice codified at parts 5, 91, 92, 570, 574, 576, and 903 of title 24, Code of Federal Regulations, including the effect that repealing the July 16, 2015, rule entitled Affirmatively Furthering Fair Housing has had on HUDs statutory duty to affirmatively further fair housing. The Secretary shall also, as soon as practicable, take all steps necessary to examine the effects of the September 24, 2020, rule entitled HUDs Implementation of the Fair Housing Acts Disparate Impact Standard codified at part 100 of title 24, Code of Federal Regulations, including the effect that amending the February 15, 2013, rule entitled Implementation of the Fair Housing Acts Discriminatory Effects Standard has had on HUDs statutory duty to ensure compliance with the Fair Housing Act. Based on that examination, the Secretary shall take any necessary steps, as appropriate and consistent with applicable law, to implement the Fair Housing Acts requirements that HUD administer its programs in a manner that affirmatively furthers fair housing and HUDs overall duty to administer the Act 42 U.S.C. 3608a including by preventing practices with an unjustified discriminatory effect.

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Sec. 3. General Provisions. a Nothing in this memorandum shall be construed to impair or otherwise affect:
i the authority granted by law to an executive department or agency, or the head thereof; or ii the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
b This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
c This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

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