Follow Us! 

HUD Announces “Imminent” Publication of a Proposed Affirmatively Furthering Fair Housing Rule

On January 19, HUD published a press release announcing its intention to publish a proposed rule implementing new requirements for Affirmatively Furthering Fair Housing (AFFH) under the Fair Housing Act of 1968. In its announcement, the department asserts that:

… this proposed rule streamlines the required fair housing analysis for local communities, states, and public housing agencies and requires them to set ambitious goals to address fair housing issues facing their communities, among other landmark changes.

PHADA encourages streamlining, but the announcement goes on to say, “The proposed rule incorporates much of the framework of the 2015 AFFH rule….” Since the department undertook revisions to its AFFH requirements 12 years ago, PHADA has argued that HAs should not prepare fair housing assessments independent of their local or state governments, but it is clear from the press release that HAs remain one of the “program participants” that must submit AFFH assessments.

The proposed rule has not yet appeared in the Federal Register, and on the Federal Register website, the proposal is not yet scheduled for publication on Monday. PHADA will notify members once the rule is published. Comments concerning the proposal will be due 60 days from the date of publication.

Although the House Financial Services Committee has not yet published comments on HUD’s proposed rule, Ranking Member Maxine Waters (D-CA) announced, “I applaud the Department of Housing and Urban Development … for the release of the long-awaited proposed rule to Affirmatively Furthering Fair Housing (AFFH).”

The Senate Banking Committee published Chairperson Sherrod Brown’s (D-OH) statement that, “Today’s proposed rule is an important step to ensure that we are fulfilling our nation’s commitment to fair housing in all of our communities.”

PHADA will prepare summaries and analyses of HUD’s latest iteration of its AFFH rule beginning in the next Advocate. PHADA will also prepare detailed comments concerning the current proposal and share those comments with its members.

PHADA Fact Sheets, Issue Briefs, and Position Papers

Read PHADA's in-depth analysis of important issues facing the industry.

Read More