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HUD Update: HUD proposes changes to Affirmatively Furthering Fair Housing (AFFH) requirements

15 January 2020
 January 15, 2020
Category HUD News, News

Recently, HUD published a proposed rule to adjust its Affirmatively Furthering Fair Housing (AFFH) requirements under the Fair Housing Act. The proposed rule replaces current requirements from 2015, which were suspended in 2018 by HUD Secretary Carson. Please submit comments to NAHMA by February 14, 2020.

According to the Federal Register notice, the rule proposes changes program participants’ reporting requirements so that HUD can more effectively evaluate compliance with AFFH obligations: “The proposed regulation would revise the definition of AFFH, develop metrics to allow comparison of jurisdictions, and require jurisdictions to certify that they will AFFH by identifying concrete steps the jurisdiction will take over the next 5 years. Jurisdictions would need to report on their progress toward the commitments in their AFFH certification through the regular consolidated plan reporting and review processes. Public housing agencies would demonstrate their efforts to AFFH through their participation in the consolidated plan process.”

While working to improve the AFFH requirements, HUD delayed implementation of the rule in 2018 by suspending the obligation of local governments to file plans under the regulation, and by withdrawing a computer assessment tool required to be used by local governments in preparing those plans. Specifically, HUD is requesting comments on the questions included in the attached proposed rule. As we work with our policy committees to prepare our response to HUD, we request any member feedback byFebruary 14, 2020. To view the attached Federal Register notice online, please click here. To read HUD’s press release about the proposed rule, please click here.

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