HUD Announces Affirmatively Further Fair Housing Final Rule

The U.S. Department of Housing and Urban Development (HUD) today released the Affirmatively Furthering Fair Housing Final Rule. This rule aims to equip local communities, States, and Insular Areas with clearer guidelines, new tools, and data to meet fair housing obligations established in law. HUD plans to collaborate with communities to provide tools and technical assistance to incorporate fair housing into housing and community development planning at the local, regional, and state levels. Read HUD’s Affirmatively Furthering Fair Housing Final Rule HERE, background information HERE, and HUD’s press release HERE.

  • What the Rule Does:  For Community Planning and Development Program grantees, the rule will mean replacing the existing Analysis of Impediments to Fair Housing Choice with a new Assessment of Fair Housing (AFH). The key differences are that HUD is providing data and a template for conducting a fair housing analysis, grantees will incorporate fair housing planning into the consolidated plan, and HUD will review assessments up front as part of the planning process. HUD hopes these changes will make meeting the rule’s requirements easier.
  • AFH Template Public Comment. HUD plans to post an AFH Template for entitlement jurisdictions as well as entitlement jurisdictions working with Public Housing Agencies in the coming weeks for a second 30-day round of public comment.
  • AFHs are not due immediately. The rule will be implemented on a rolling basis. HUD will provide grantees at least 9 months from the publication of a final AFH Template applicable to the grantee type before the AFH is due.
  • Where to Find Additional Information:  HUD will post the rule along with all official guidance and technical materials on the HUD Exchange website. Grantees will be able to pose specific questions through the “Ask A Question” feature on that website.

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