The proposed rule, Rescission of Affirmative Fair Housing Marketing Regulations, was published for a 30-day public comment period. A summary of the proposed rule is provided below:
SUMMARY:
This proposed rule would rescind the HUD’s Affirmative Fair Housing Marketing regulations, which require participants in an FHA insurance or Multifamily Housing rental assistance program to complete and submit a HUD-supplied form describing their affirmative fair housing marketing plan.
FOR MEMBER FEEDBACK:
Given the significance of this proposed change, NAHMA requests that members review the rule and provide feedback by Tuesday, July 1st. You may reply directly to this email with your comments. We will also discuss the rule during this month’s member call. A more accessible version of the rule is available [HERE], which may be easier to read.
Other HUD Information Collections
HUD has also issued updates to the following Information Collections:
- Statutorily-Mandated Collection of Information for Tenants in LIHTC Properties
This Information Collection notes: “New section 36 requires HUD to establish standards and definitions for the information to be collected by state agencies and to provide states with technical assistance in establishing systems to compile and submit such information. In coordination with other federal agencies administering housing programs, HUD must also establish procedures to minimize duplicative reporting requirements for properties assisted under multiple housing programs.
In 2010, OMB approved the first collection instrument for LIHTC household information (expiration date: 05/31/2013). It has since been renewed, with the current expiration date set for October 31, 2025. Renewal of this form is required for HUD to remain in statutory compliance.”
- Rental Assistance Demonstration (RAD); Supporting Contracts and Processing Requirements
This revision updates three documents in accordance with Executive Order 14168, removing references to Diversity, Equity, Inclusion, and Accessibility (DEIA). Specifically:
- Subpart (a) is revised to remove “equal access” and add a reference to regulation 24 CFR 5.105(a).
- Subparts (b) of Sections 2.12 and 2.10, which referenced the Equal Access Rule, are deleted entirely.
Affected documents include:
a. Form 52620B, Part II – PBRA Housing Assistance Payments Contract for RAD (Component 1)
b. Form 52617 – Second Component HAP Contract RAD for the Conversion of Moderate Rehabilitation to PBRA (Part II)
c. Form 5897 – RAD Second Component PRAC PBRA HAP Contract (Part II)
Additionally, the RAD/Section 18 Blend Rider to the RAD Use Agreement (Form 5900) has been removed, as it is no longer applicable. The RAD Supplemental Notice 4C, published January 16, 2025, streamlined RAD/Section 18 blends by allowing both RAD and PBV units resulting from a Section 18 action to be included on a single RAD HAP contract.
FOR MEMBER FEEDBACK:: Members are encouraged to review these two Information Collections. Since they are subject to a 60-day review period, we welcome your feedback through the end of July.