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.
HUD Issues Proposed AFFH Assessment Tool
On September 26, 2014, HUD’s Office of Fair Housing and Equal Opportunity (FHEO) published the proposed Affirmatively Furthering Fair Housing Assessment Tool. Comments are due by November 24. After receiving comments, HUD will consider them and solicit a second round of comments for an additional 30 days.
The proposed rule indicated that HUD would issue an Assessment Tool to be used by program participants to evaluate fair housing choice, identify barriers to fair housing choice, and set and prioritize fair housing goals to overcome those barriers. Issuing the Assessment Tool one more necessary step before a final AFFH rule can be published.
The AFFH Assessment Tool Federal Register notice is at http://www.gpo.gov/fdsys/pkg/FR-2014-09-26/pdf/2014-22956.pdf
An easier to read version of the preamble is at https://s3.amazonaws.com/public-inspection.federalregister.gov/2014-22956.pdf
Toward the end of the preamble there is a link to HUD’s Office of Policy Development and Research site which has the proposed AFFH rule, as well as:
- the proposed assessment tool, http://www.huduser.org/portal/publications/pdf/AFFH-Assessment-Tool-2014.pdf
- sample HUD-provided data tables, http://www.huduser.org/portal/publications/pdf/AFFH-Assessment-Tool-data-tables.pdf
- sample HUD-provided maps, http://www.huduser.org/portal/publications/pdf/AFFH-Template-Maps-2014.pdf
- NLIHC Memo to Members article about Revised Assessment Tool (July 20, 2015), http://nlihc.org/article/hud-publishes-revised-fair-housing-assessment-tool-new-faq-and-fact-sheet
- NLIHC Memo to Members article, NLIHC Submits Comments On Revised AFFH Assessment Tool (August 17, 2015), http://nlihc.org/article/nlihc-submits-comments-revised-affh-assessment-tool
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