Housing Justice

A Brief History of Displacement in the United States

Post-Columbian colonization and forced cultural assimilation is the foundation of the deplorable U.S. housing legacy that started with displacing native communities: the nation’s original eviction. The cultural eradication that ensued resulted in the adoption of the belief that humanity was to dominate the Earth as opposed to steward it. Native communities were driven into the most undesirable parts of the country. Although they were granted the status of sovereign nations, whenever a valuable natural resource was at stake, those rights have been and continue to be easily disregarded. Integral to housing is the indigenous value of being connected to the land on which you reside. This connection involves a sense of commitment, which today is regarded as ownership; belonging, also known as community identity; and respect for shared space with other living creatures, i.e. a connection to nature such as plant and animal life.

Today’s conversation translates these values into affordability, housing choice/mobility, and environmental justice. The following is a guide to empower you and your community to have a voice in how housing works in the U.S.

Summary of this Page

• What are the different ways to advocate for change in the U.S.
• How to advocate effectively
• What are current proposed changes in the area of housing where you can advocate right now
• Links to take action now

U.S.-Based Avenues to Advocate on National Issues

A guide on local advocacy will be coming soon.

Administrative Agencies

Overview

This is a simplified but sufficiently detailed explanation of the administrative regulatory process in the U.S. Some portions are adapted from: Why-Comments-Matter-Final-2025.pdf

The U.S. government is generally comprised of the legislative, executive, and judicial branches. The legislature writes laws, the executive implements / enforces those laws, and the judiciary interprets the law whenever there is a dispute over the precise meaning in the law. As the U.S. grew extensively, areas of laws became extremely diverse and specialized. For example, the executive branch must implement laws regarding monopolies, clean air, the trading of securities (stocks and bonds), as well as food and pharmaceuticals. Because these areas require high degrees of specialized knowledge, agencies were formed under the executive branch.

In general, the executive, i.e. the president selects the staff of an agency. However, some agencies have become so vital to the functioning of everyday life, that they gained some “independence” from the executive branch to prevent major disruptions when a new administration comes into office. An example is the Securities and Exchange Commission, which regulates the purchase and sale of stocks, bonds, etc. For this agency, the president may only replace a certain proportion of its commissioners as they serve staggered terms. This way, a new president cannot bring in an entirely new set of staff.

The Administrative Dilemma

While the legislature (i.e. Congress) writes a law, sometimes applying the law requires technical points that go beyond what the legislature was either willing to do or able to do, such as if the technicalities are so detailed that reaching an agreement for both the Senate and the House becomes impracticable. In this situation, which happens more often than not, the agency must draft rules or regulations. Many agencies also have administrative judges that hear cases regarding alleged rule violations. Because an agency can write a rule, execute that rule, and interpret its meaning in disputes, an agency may exercise the functions of all three branches of government. Because agency staff are not elected by the people, the separation of powers as a check and balance to the agency’s authority lacks that of traditional government. One method of adding a check on this authority is requiring agencies to publish rule proposals so that the public may submit comments on them.

The Rule Making Process and Submitting Public Comments

Each time a federal agency wants to adopt or change regulations, it has to ask the public for input, as required by federal law. A federal agency writes its proposed regulations and then asks for public comments. The agency has to consider whether it should make any changes to its proposal based on the comments before finalizing the regulation. Whether an agency is proposing new regulations or changing older ones, it has to give the public a change to weigh in.

In addition, an agency may want to change its interpretation of an existing law. In this case, the agency has to adequately explain why it is changing course. For example, maybe there is new evidence or data that impacts the way the law is implemented. In general, an agency can’t just decide to change a regulation because it doesn’t like the regulation or the underlying law, it has to have some rational justification. And it can’t write a regulation that contradicts the underlying law.

How Public Comments Make a Difference: Let Your Community’s Voice Be Heard

An agency must consider all the comments submitted during a public comment period. The agency really has to review all the comments. While it does not have to explain why it did (or did not) make changes suggested by the comments, it does need to address significant issues that commenters raise.

The agency will also need to explain the types of comments it received and whether it made any changes to its proposed rule based on those comments. An agency can’t just ignore comments because it doesn’t like them.

When an Agency Finalizes an Unpopular Proposal

Sometimes an agency may finalize a regulation even if commenters oppose the changes. This may result in court challenges. The agency then has to justify the changes it made to the rules even though it receives comments and data opposing the changes. All the comments submitted become part of the “administrative record” and are reviewed by the court to determine if the agency can make the changes it wants. If the court finds the agency wasn’t justified, the court can prevent the agency from implementing the regulations. So your comments are important to support possible legal challenges.

When have comments made a difference?

As one example, during the first Trump Administration, the National Health Law Program challenged decisions by HHS to allow states to impose work requirements (and other harmful policies) in Medicaid (before Congress recently added work requirements to the Medicaid Act).
The public comments overwhelmingly opposed the proposals. Some commenters explained why the changes would harm them personally because the changes may cause them to lose Medicaid. Other commenters discussed studies and data that work requirements don’t work.
When we challenged HHS’s decision in court, the judge specifically noted the opposition to the proposals in the public comments and decided that HHS did not consider the impact on people who would lose health coverage. The result is that the judge stopped work requirements in these states. The comments really did make a difference!

Whether its Worth the Time to Write & Submit a Public Comment

Your comments can be as short as a paragraph or as long as you have time to write. If you need help writing comments, some organizations provide examples with bullet points or suggested language to submit. They may offer to collect comments and submit them to the agency through their website or email to make it easier for you to comment. Other organizations may offer “template” or draft comments that you can adapt.

How to Draft a Public Comment

You can discuss the personal experiences of you, your family and friends, or your work experience. Your comments can – but don’t have to – include data from your organization, community, or state. You don’t have to know all the details about a proposed regulation, all you really have to do is know how it will impact you or those you care about. You can also
comment on just a part of a proposal.

Submitting a Public Comment

Below are issues on which to comment. It is important to understand the issue well enough to form a data-driven opinion. Some of the links below provide simplified ways to submit a public comment. Others may point you in the right direction. Googling the process is another option. A simplified engine will be forthcoming on this site soon, so do come back to check.

Legislative Advocacy

Another advocacy avenue is to write and meet with your Congressional representatives to explain to them how they should vote on a proposed law or how to edit (i.e. amend) the proposed law. A deeper explanation of this avenue will be coming soon.

Advocacy Targets – Current Legislative and Administrative Proposals

HUD Secretary Proposes Historic 44% Reduction in Federal Funding for Affordable Housing

On May 2, the full budget request proposes a historic 44% cut to HUD’s vital affordable housing, homelessness, and community development programs, and would impose changes to rental and homelessness assistance that would leave more families struggling to afford rent, and at increased risk of homelessness. For a detailed analysis, please see here: Administration Releases Additional Details of FY26 Budget Request Slashing HUD Rental and Homelessness Assistance Programs – Take Action! | National Low Income Housing Coalition

HUD’s Proposed “Verification of Eligible Status” Rule for Mixed-Status Families

HUD’s proposal, “Verification of Eligible Status,” targets immigrant families by undoing longstanding guidelines that allow undocumented people—who get zero federal assistance—to live with documented family members in federal housing. The administration refers to this as a ‘loophole’—however, federal assistance is pro-rated to only assist documented immigrants. Thus, the justification for this rule is inconsistent with actual current policy. Budget analysis indicates that the rule would prove more costly to implement due to administrative costs and the loss of the marginal increase in rent provided by undocumented family members that would be generated by deeming mixed-status families wholly ineligible. For additional information, please see here: HUD’s Mixed-Status Rule is Cruel, Costly & Counterproductive.

To take direct action on this issue, please click HERE.

HUD’s Proposed “Establishing Flexibility for Implementation of Work Requirements and Term Limits” Rule.

The administration is currently drafting a rule that, reportedly, would allow more providers of rental assistance and other HUD-assisted housing to add work requirements and/or time limits to their programs.3 Under the draft rule, housing providers could:
➔ Require “work-eligible” adults to engage in work activities for up to 40 hours per week to continue receiving rental assistance
➔ Allow providers to establish term limits of no less than two years for non-elderly,non-disabled families

Unstable housing is a pivotal barrier in finding and remaining employed. Witness folks walk out from under a freeway overpass or from an RV in an old business suit with a briefcase at 7am makes this reality plain. Economic shocks and drastic technological changes make this rule foreseeably damaging to vulnerable communities. For additional facts and information, please click HERE.

The Issues

The following is an adaptation of the PolicyLink’s summary of housing and anti-displacement policy principles. Below is a link to some of the most useful online toolkits to advocate to protect federal funding for affordable housing and policies to promote the production of affordable homes.

Renter Relocation Assistance

Requires landlords to provide financial compensation to tenants to offset the costs of displacement, including covering moving expenses, security deposits, and other relocation costs under statutorily-defined circumstances.

Tenant / Community Opportunity to Purchase

Promotes housing stability and preserves affordability by requiring property owners to provide tenants or qualified nonprofit organizations with advance notice of intent to sell, along with the first right of purchase.

Right to Counsel for Tenants

A right to counsel can help prevent households from facing the negative repercussions of an eviction or other housing-related proceedings by providing tenants with a right to free legal representation.

Housing Trust Funds

Housing trust funds are funds established by cities, counties, and states to provide temporary or ongoing financing for affordable housing preservation, development, rehabilitation, and retrofits in both rental and homeowner properties.

Just Cause

Just cause eviction protections prevent arbitrary, retaliatory, or discriminatory evictions by specifying that landlords can only evict tenants for specific reasons — just causes — such as failure to pay rent.

Rent Stabilization

Rent stabilization, also known as rent control, helps prevent displacement and homelessness by protecting tenants from excessive rent increases, establishing a predictable annual schedule for the maximum allowable rent hike.

Community Land Trusts

Community land trusts (CLT) are non-profit organizations that acquire and manage land and buildings to guarantee housing with lasting affordability and community control

Inclusionary Zoning

Addresses historic patterns of exclusion and segregation by requiring or encouraging developers to set aside a fraction of newly constructed housing units to be affordable to lower-income households.

Rental Registries

Rental registries are databases of rental properties that include detailed information about the property owner and the rental property in an effort to gather important data needed to address a community’s unique housing challenges and inequities.

Eviction Records and Tenant Screening Protections

These policies prevent, restrict, or clarify the power landlords and tenant screening companies have to utilize background information, like eviction, credit, or criminal history records, in tenancy decisions.

Fair Chance Housing

Fair chance housing policies seek to confront re-entry barriers and expand housing access by limiting how housing providers can use criminal records when making tenancy decisions for applicants.