The action targets the suspension of rules linking desegregation efforts to federal housing grants.

Fair-housing advocates plan to file a lawsuit early Tuesday morning against the U.S. Department of Housing and Urban Development and HUD Secretary Ben Carson for suspending an Obama-era rule requiring communities to address barriers to racial integration.

The 2015 rule required more than 1,200 communities receiving billions of federal housing dollars to draft plans to desegregate their communities – or risk losing federal funds.

After nearly 50 years of inaction, the rule was seen as a belated effort by HUD to enforce the landmark civil rights legislation of the 1968 Fair Housing Act, which compelled communities to use federal dollars to end segregation in neighborhoods.

The 2015 rule, developed over a six-year period, required every community receiving HUD funding to assess local segregation patterns, diagnose the barriers to fair housing and develop a plan to correct them. Most communities were supposed to submit their plans to HUD every five years, beginning in 2016. Communities without HUD-approved plans would no longer receive federal housing dollars.

Carson, who has long criticized federal efforts to desegregate American neighborhoods as “failed socialist experiments,” suspended the rule in January, allowing local and state governments to continue receiving HUD grants without compliance with the full requirements of the Fair Housing Act.

The suit alleges Carson unlawfully suspended the 2015 rule by not providing advanced public notice or opportunity for comment, according to a draft obtained by The Washington Post.

The agency said local jurisdictions must continue to promote fair housing but granted communities until at least 2024 in most cases to do so, according to a three-page notice published in the Federal Register.

HUD said it based its decision on the fact that more than a third of the 49 plans initially submitted to the agency were rejected as incomplete or inconsistent with fair-housing and civil rights requirements.

Fair-housing advocates who helped develop the rule under the Obama administration said that is precisely why the rule is necessary and that nearly all of the rejected plans were soon accepted after HUD officials stepped in to help.


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