H.R. 68 — Housing Fairness Act of 2025

This section establishes a nationwide program administered by the Secretary of Housing and Urban Development (HUD), in partnership with qualified fair housing enforcement organizations, to conduct testing for discriminatory treatment in renting or purchasing housing and obtaining or refinancing mortgages based on race, color, religion, sex, familial status (i.e., children under 18 domiciled with a parent or custodian, or pregnant persons securing custody), disability status (i.e., physical or mental impairment substantially limiting major life activities), or national origin. The section requires HUD to (1) evaluate program effectiveness and report to Congress; (2) issue regulations within 180 days of enactment establishing tester training standards and application requirements; (3) submit biennial reports on testing outcomes with recommendations and annual summaries of fair housing hotline communications; and (4) authorize results for use in investigations or enforcement actions under the Fair Housing Act (42 U.S.C. 3601 et seq.). It authorizes $15 million annually for FY2024 through FY2028.

This section authorizes appropriations of $42,500,000 for the Fair Housing Initiatives Program (FHIP) for each of FY2024 through 2028, of which not less than 75% is allocated to private enforcement initiatives (i.e., investigations and testing for Fair Housing Act violations conducted by qualified nonprofit organizations under subsection (b)), not more than 10% to education and outreach programs under subsection (d), and remaining amounts to other program activities; such amounts remain available until expended. (As background, FHIP provides grants to state and local governments and nonprofit organizations to enforce fair housing rights under the Fair Housing Act through judicial or administrative proceedings, testing, and public education on discriminatory housing practices.) The section further (1) limits funding under subsection (b) to "qualified" private nonprofit fair housing enforcement organizations and tightens qualification criteria under subsection (h); (2) adds websites and other media outlets to authorized outreach activities under subsection (d)(1); (3) restricts certain education grants under subsection (d) to public or private nonprofit entities; and (4) directs the Secretary of Housing and Urban Development to issue regulations within 180 days of enactment establishing minimum tester training standards for FHIP-funded organizations in FY2024-FY2028, including an evaluation process developed after notice and comment.

This section expresses the sense of Congress that the Secretary of Housing and Urban Development should (1) fully comply with requirements under the Fair Housing Initiatives Program (FHIP) to establish, design, and maintain a national education and outreach program on fair housing rights for individuals seeking to rent, purchase, sell, or facilitate the sale of homes; (2) expend all appropriated funds for such programs; (3) promulgate regulations on the fair housing obligations of recipients of federal housing and community development funds to affirmatively further fair housing; and (4) fully comply with Fair Housing Act requirements for processing complaints of discriminatory housing practices, including investigation within 100 days.

This section establishes a competitive matching grant program (50% non-Federal match required, which may include in-kind contributions) administered by the Secretary of Housing and Urban Development to assist public and private nonprofit organizations—meeting the definition of or subcontracting with a qualified fair housing enforcement organization—in (1) conducting studies on the causes and effects of housing discrimination and segregation (including impacts on education, poverty, economic development, veterans, and military personnel) and (2) implementing pilot projects to prevent or alleviate such discrimination and segregation. The Secretary must submit biennial reports to Congress summarizing study and project results with recommendations, which may be included in existing fair housing reports; the program is authorized at $5 million annually for FY2024 through FY2028.

This section prohibits the use of funds made available by this Act or its amendments for political activities, political advocacy, or lobbying (as defined in OMB Circular A-122, “Cost Principles for Non-Profit Organizations”), or for travel expenses to engage in political activities or preparation of or advice on tax returns.