HUD’s Office of Multifamily Housing Programs posted a memorandum clarifying earlier guidance regarding Affirmative Fair Housing Marketing Plan (AFHMP) requirements. The September 22 memorandum supersedes a May 15 memorandum.
HUD’s Office of Fair Housing and Equal Opportunity (FHEO) is required to review initial and updated AFHMPs. An April 14, 2014 memorandum from FHEO, attached to the September 22 Multifamily memorandum, explains that the statutory authority for AFHMPs derives from the Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, and Title VI of the Civil Rights Act.
An initial AFHMP is required for new projects and projects newly receiving Multifamily assistance, such as public housing developments converting to Section 8 Project-Based Rental Assistance through the Rental Assistance Demonstration (RAD). The April 14, 2014 FHEO memorandum explains that all applicants for participation in Federal Housing Administration (FHA) subsidized and unsubsidized multifamily housing programs with five or more units must complete an AFHMP and lists examples of situations requiring an initial AFHMP.
A Multifamily property owner must review an existing AFHMP when:
- at least five years have elapsed since the last review, or
- the local jurisdiction’s Consolidated Plan has been updated, or
- significant demographic changes have occurred in the housing market.
An owner must update an AFHMP when they determine that an existing plan warrants modification.
An updated AFHMP should only be submitted to FHEO for review and approval if:
- The owner determines that the population least likely to apply for housing is not identified in the existing AFHMP, or
- Existing advertising, publicity, or outreach are no longer appropriate and require modification or expansion.
If an owner’s review concludes that an existing AFHMP is satisfactory, it does not have to be submitted to FHEO. However, a copy should be maintained and be available to the public.
An owner must also submit an updated AFHMP for FHEO approval if the owner wants to adopt a residency preference, or if the owner wants to change a residency preference to include a geographic area not previously approved by FHEO.
The memorandum is at http://portal.hud.gov/hudportal/documents/huddoc?id=Clarification_AFHMPs.pdf