HUD will publish three Notices in the Federal Register clarifying Consolidated Plan program participants’ legal obligation to affirmatively further fair housing.
The first Notice is entitled Affirmatively Furthering Fair Housing: Withdrawal of Notice Extending the Deadline for Submission of Assessment of Fair Housing for Consolidated Plan Participants. This Notice advises that HUD is withdrawing the January 5, 2018 Notice (83 FR 683), entitled Affirmatively Furthering Fair Housing: Extension of Deadline for Submission of Assessment of Fair Housing for Consolidated Plan Participants.
The second Notice is entitled Affirmatively Furthering Fair Housing: Withdrawal of the Assessment Tool for Local Governments. This Notice advises that HUD is withdrawing the Assessment Tool for Local Governments. HUD has determined that the current iteration of the Tool is substantively deficient and unduly burdensome because it has resulted in great expense to program participants and HUD, yet it is not adequately guiding participants through the creation of acceptable Assessments of Fair Housing (AFHs). Like states, insular areas, and public housing authorities, local government participants must continue to carry out their obligation to affirmatively further fair housing according to requirements in place in the absence of a working assessment tool.
The third Notice is entitled Affirmatively Furthering Fair Housing (AFFH): Responsibility to Conduct Analysis of Impediments. This Notice advises that the legal obligation to affirmatively further fair housing remains in effect. Consolidated Plan program participants will continue to certify that they will affirmatively further fair housing, which means that they will conduct an analysis of impediments (AI) to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting the analysis and actions.
Consolidated Plan program participants should continue to update their AIs in accordance with the HUD Fair Housing Planning Guide. HUD encourages program participants to collaborate to develop a regional AI, as regional collaborations provide an opportunity for program participants to share resources and address fair housing issues that cross jurisdictional boundaries. The data HUD has developed to implement the AFFH rule will remain available for program participants.
HUD encourages you to subscribe to the HUD Exchange Mailing List to receive the most up-to-date information on Affirmatively Furthering Fair Housing.
Resource Links
- Affirmatively Furthering Fair Housing: Withdrawal of Notice Extending the Deadline for Submission of Assessment of Fair Housing for Consolidated Plan Participants
- Affirmatively Furthering Fair Housing: Withdrawal of the Assessment Tool for Local Governments
- Affirmatively Furthering Fair Housing (AFFH): Responsibility to Conduct Analysis of Impediments
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