HUD Updates & Links

Learn more about AFFH under the Trump/Carson Administration

In a surprise move, HUD published a notice in the Federal Register on January 5, 2018 suspending most local governments’ obligation under the Affirmatively Furthering Fair Housing (AFFH) rule to submit an Assessment of Fair Housing (AFH) well after October 31, 2020, and in most cases after 2025. HUD’s abrupt action was based on its review of the first 49 AFH initial submissions. Seventeen AFHs were not accepted when first submitted. However, the AFFH rule has a provision by which HUD is to indicate the shortcomings an AFH might have and provides jurisdictions chances to fix the shortcomings. HUD claimed that many local governments need additional time and technical assistance to adjust to the relatively new AFFH process instituted in 2015.

More about the January 5, 2018 suspension is here. 

In response to HUD’s action, three advocacy organizations sued HUD. The plaintiffs assert that HUD violated the Administrative Procedure Act (APA) in three ways:

  1. HUD failed to provide the required public notice and comment procedures before suspending the AFFH rule's requirement for jurisdictions to submit an AFH.
  2. HUD acted in an arbitrary and capricious manner because it did not provide a reasoned basis for the suspension.
  3. HUD abdicated its duty under the Fair Housing Act to ensure that recipients of HUD funds affirmatively further fair housing.

More information about the lawsuit is here.

In addition, NLIHC signed onto an amicus brief.

On May 23, 2018, HUD went a step further, in effect indefinitely suspending implementation of the AFFH rule. HUD did this by withdrawing the January 5, 2018 notice suspending until 2024 the obligation of most jurisdictions to submit an AFH, indicating that HUD would re-write the Assessment Tool required to complete an AFH. Even a swift re-write would push use of the Assessment Tool and obligation to submit an AFH past the previous suspension period of 2024. More information about the indefinite suspension is here.

Although not exclusively about AFFH, on March 5, 2018, HUD proposed major changes to its Mission Statement. A draft statement removes previous references to creating “inclusive and sustainable communities free from discrimination.” The memo was circulated to senior political staff at HUD and sought input about the changes. Advocacy groups across the country immediately objected to the proposed modifications. NLIHC signed on to a letter from the Fair Housing Task Force urging Secretary Carson to not eliminate that phrase. That letter is available here.

On May 10, 2018, HUD announced its intention to reconsider the February 15, 2013 Disparate Impact regulation. While this is not directly an AFFH issue, it is a crucial fair housing concern. More information about the announcement is here.

HUD Exchange Webpage

Links to the final rule, an executive summary of the final rule, fact sheets, FAQ's and an extensive guidebook. It also has the latest e-communication from HUD.

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HUD's Policy Development & Research AFFH Webpage

Links to the final rule, executive summary, fact sheet, press release, data mapping tool, and archived materials such as the proposed rule and proposed assessment tools.

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