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April 29, 2021 | 184 total views

Following the inauguration of the new Administration in January 2021, a number of executive actions were issued that have impacted low-income and working Americans, fair housing and equity issues, and immigration reform, among others. Many of these actions also began the process of working to undo rule changes proposed during the previous administration, which LAHSA has been opposed to due to their potential negative impacts on the homeless services system or people at risk of falling into homelessness.

The chart below details some of these major proposed rules and regulatory actions and their current status under the new Administration. As is evident, many of these proposed rule changes have been withdrawn or reconsidered by the Biden administration, including the proposed changes to the mixed-status families in public housing rule and the proposed changes to the equal access rule.

Date Introduced Regulation Rule Change Summary Current Status Biden Admin Action
Immigration Status and Access to Public Services
October 10, 2018 Public Charge Would have restricted public benefit access for certain categories of immigrants. Rule vacated as of March 9, 2021. Removal from Federal Register on March 15, 2021. Executive Order directing federal agencies to review the rule. DOJ withdrawal of defense in existing legal case.
May 10, 2019 Mixed-Status Families Rule Would have restricted non-citizen family members from residing in federally-assisted housing. Withdrawn by HUD on April 2, 2021. Memo ordering a regulatory freeze pending review.
Fair Housing
August 19, 2019 Disparate Impact Standard Increased obstacles for a plaintiff to bring a legal claim using the disparate impact standard under the Fair Housing Act. In effect as of October 26, 2020. Memo directing HUD to review the effects of this final rule on compliance with the Fair Housing Act. As of April 12, 2021, HUD plans to reinstate the original 2013 rule.
January 14, 2020 Affirmatively Furthering Fair Housing (AFFH) Weakened the AFFH regulation by removing and deemphasizing certain aspects and emphasizing housing affordability, supply, and quality. In effect as of September 8,2020. Memo directing HUD to review the effects of this final rule on compliance with the Fair Housing Act. As of April 12, 2021, HUD plans to reinstate the original 2015 rule.
Discrimination
July 24, 2020 Equal Access Rule Would have allowed federally-funded providers to serve individuals based on sex assigned at birth. Withdrawn by HUD on April 27, 2021. Executive Order on combatting discrimination based on sexual orientation and gender identity; HUD implementation. Memo ordering a regulatory freeze pending review.
General Access to Public Services
Feburary 1, 2019 Able-Bodied Adults Without Dependents (ABAWD) Time Limit Imposed stricter time limit rules for ABAWDs using SNAP. Was in effect as of April 1, 2020, then suspended due to the pandemic. Final rule vacated on October 18, 2020. No action to date.
July 24, 2019 Categorical Eligibility Would have narrowed the categorical eligibility policy, limiting SNAP access for certain households. Withdrawn by USDA on January 15, 2021. Withdrawn by USDA.
October 3, 2019 SNAP Standard Utility Allowances (SUA) Would have revised the methodology for calculating the SUA under SNAP, resulting in certain households losing benefits. Withdrawn by USDA on January 15, 2021. Withdrawn by USDA.

 

For more information on the proposed rule changes and LAHSA public comments in opposition, please visit LAHSA's Legislative Affairs Federal Policy page, here.

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