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Administrative law

Property Law and Real Estate

American University Washington College of Law

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Affirmatively Resisting, Ezra Rosser Jan 2023

Affirmatively Resisting, Ezra Rosser

Articles in Law Reviews & Other Academic Journals

This Article argues that administrative processes, in particular rulemaking’s notice-and-comment requirement, enable local institutions to fight back against federal deregulatory efforts. Federalism all the way down means that state and local officials can dissent from within when challenging federal action. Drawing upon the ways in which localities, states, public housing authorities, and fair housing nonprofits resisted the Trump Administration’s efforts to roll back federal fair housing enforcement, this Article shows how uncooperative federalism works in practice.

Despite the fact that the 1968 Fair Housing Act requires that the federal government affirmatively further fair housing (AFFH), the requirement was largely ignored …