Advocacy Opportunities with the New AFFH Rule: Slides from NLIHC Policy Forum, April 4, 2016
Proposed Assessment Tool for States
On March 11, HUD published a notice in the Federal Register announcing a proposed Assessment Tool that must be used by states and Insular Areas to complete an assessment of fair housing (AFH) as required by HUD’s affirmatively furthering fair housing (AFFH) rule. Comments are due May 10.
The March 11 Federal Register notice is at https://www.gpo.gov/fdsys/pkg/FR-2016-03-11/pdf/2016-05521.pdf
A double-spaced, large font version of the Federal Register notice is at https://s3.amazonaws.com/public-inspection.federalregister.gov/2016-05521.pdf
The state assessment tool is at https://www.hudexchange.info/resources/documents/Assessment-of-Fair-Housing-Tool-for-States-and-Insular-Areas.pdf
A version of the state assessment tool indicating how it differs from the local government assessment tool is at https://www.hudexchange.info/resources/documents/Assessment-of-Fair-Housing-Tool-for-States-and-Insular-Areas-Comparison-Document.pdf
The HUD Exchange AFFH webpage is at https://www.hudexchange.info/programs/affh
Proposed Assessment Tool for PHA's
A notice in the Federal Register on March 23 announced the availability of an Assessment Tool that Public Housing Agencies (PHAs) must use to when preparing their Assessment of Fair Housing (AFH) under the new Affirmatively Furthering Fair Housing (AFFH) rule. Comments are due May 23.
The Federal Register notice about the PHA Assessment Tool is at https://www.gpo.gov/fdsys/pkg/FR-2016-03-23/pdf/2016-06492.pdf The PHA Assessment Tool is at https://www.hudexchange.info/programs/affh/proposed-tools
A version of the PHA Assessment Tool showing how it differs from the Local Government Assessment Tool is on the HUD User website at https://www.huduser.gov/portal/affht_pt.html#public-comment-pra
The Federal Register notice about the existing Local Government Assessment Tool is at https://www.gpo.gov/fdsys/pkg/FR-2016-03-23/pdf/2016-06600.pdf
AFFH Assessment Tool for Localities:
- The Federal Register notice is at https://s3.amazonaws.com/public-inspection.federalregister.gov/2015-32680.pdf
- The final Assessment Tool is at https://www.hudexchange.info/resources/documents/Assessment-of-Fair-Housing-Tool.pdf
- The redline version showing changes made between the revised and final Assessment Tool is at https://www.hudexchange.info/resources/documents/Assessment-of-Fair-Housing-Tool-Comparison.pdf
- Affirmatively Furthering Fair Housing Rule Guidebook is at https://www.hudexchange.info/resource/4866/affh-rule-guidebook
- HUD’s Data AFFH data and mapping tool User Guide is at https://www.hudexchange.info/resource/4867/affh-data-and-mapping-tool
Jurisdictions required to submit an Assessment of Fair Housing (AFH) in 2016 and 2017 (anticipated by NLIHC based on information provided by HUD in October, 2015).
- 2016 http://nlihc.org/sites/default/files/Hud-Jurisdictions_2016.pdf
- 2017 http://nlihc.org/sites/default/files/Hud-Jurisdictions_2017.pdf
Anticipated AFH Compliance Dates Listed by State
Until HUD officially posts a list at https://www.hudexchange.info/programs/affh, advocates can use these lists based on provisional information provided by HUD to NLIHC.
NLIHC Outline of Final AFFH Rule (PDF)
(When printing, first download and save the outline before printing.)
HUD Releases Final Rule on Affirmatively Furthering Fair Housing
- HUD Exchange webpage, https://www.hudexchange.info/programs/affh
This webpage has links to the final rule, an executive summary of the final rule, a fact sheet, and FAQs. It also has an “Ask an AFFH Question” feature
- HUD’s Policy Development & Research AFFH webpage, http://www.huduser.org/portal/affht_pt.html#affh
This webpage also has links to the final rule, executive summary, fact sheet, and press release.
It also has links to the proposed Assessment Tool and archives of the proposed rule.
- NLIHC Preliminary Overview of Final AFFH Rule (July 13, 2015), http://nlihc.org/sites/default/files/Preliminary-Overview_Final-AFFH-Rule.pdf
- NLIHC Memo to Members article (July 13, 2015), http://nlihc.org/article/hud-releases-final-affirmatively-furthering-fair-housing-rule
- NLIHC Press Release, (July 8, 2015) http://nlihc.org/press/releases/6022
Most jurisdictions and PHAs will not be required to comply with the new AFH process until 2020 and after. Until then, they must continue to follow the “old” Analysis of Impediments (AI) system.
- NLIHC’s outline of the AI process is at http://nlihc.org/sites/default/files/AFFH_Brief_Outline_letterhead.pdf
- Also, see page 7-1 of NLIHC’s 2015 Advocates’ Guide, http://nlihc.org/sites/default/files/Sec7.01_AFFH_2015.pdf
What is Affirmatively Furthering Fair Housing?
Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act) requires HUD to administer its programs in a way that affirmatively furthers fair housing. The laws that establish the Community Development Block Grant (CDBG) program, the Comprehensive Housing Affordability Strategy (CHAS), and the Public Housing Authority Plan (PHA Plan) each require jurisdictions to certify in writing that they are affirmatively furthering fair housing.
States must assure that units of local government receiving CDBG or HOME funds comply. States and local governments must certify that they are affirmatively furthering fair housing in their Consolidated Plans (ConPlans) and Public Housing Agency Plans (PHA Plans). In order to comply, these jurisdictions must have an Analysis of Impediments to Fair Housing Choice, also known as AI.
Affirmatively furthering fair housing (AFFH) is defined in CDBG and ConPlan regulations as:
- Having an Analysis of Impediments to Fair Housing Choice (AI).
- Taking appropriate actions to overcome the effects of impediments.
- Keeping records reflecting the analysis and showing actions taken.
For more information, contact Ed Gramlich, Special Advisor, at firstname.lastname@example.org or 202.662.1530 x314.
Below is a listing of AFFH-related articles from Memo to Members