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HUD Briefing on AFFH Proposed Rule February 9

With the recent release of an Affirmatively Furthering Fair Housing Notice of Proposed Rulemaking (AFFH NPRM), HUD has launched a broad effort to engage with all stakeholders to get feedback on the proposed rule.  

On February 9, HUD will host a virtual briefing on the notice targeting public housing authorities, as discussed in the email below sent to housing authorities by General Deputy Assistant Secretary of PIH Dominique Blom.  

Additional briefings, one targeting HUD Community Planning and Development grantees and jurisdictions, and one targeting resident and community engagement, are also planned. Further information on HUD’s briefings, press releases, the proposed rule, and other documents can be found on the HUD AFFH webpage here. PHADA’s initial analysis of the proposed rule can be found in the February 8 Advocate.

HUD will be accepting comments for 60 days from the date of publication in the Federal Register. PHADA will be preparing comments and providing additional information.


From the Office of the Assistant Secretary, HUD-PIH


Dear PHA Executives,

HUD is taking bold and meaningful action to realize the full promise of the 1968 Fair Housing Act with the publication of a Notice of Proposed Rulemaking (NPRM) in the Federal Register for Affirmatively Furthering Fair Housing (AFFH).

HUD will host a virtual briefing to review the main components of AFFH NPRM on February 9, from 3:30–4:30 pm ET. This supplementary information briefing will be specifically tailored for PHAs and other PIH program participants. Please register HERE to participate. HUD will not be taking questions as a part of this information briefing.

Under the leadership of Secretary Fudge, HUD is taking steps to affirmatively further fair housing by creating strong, sustainable, inclusive communities and quality affordable homes for all. The proposed rule advances our charge in the Fair Housing Act to provide every American with equal opportunity – regardless of race, color, sex (including sexual orientation or gender identity), religion, national origin, familial status, or disability.

The proposed AFFH rule would require that program participants will need to take meaningful actions to promote fair housing opportunities, eliminate disparities in housing, and foster inclusive communities. These actions would:

  • Provide more transparency to the public.
  • Require robust community engagement.
  • Simplify fair housing analysis and facilitate goal setting.
  • Provide a range of accountability measures.


More Details about the Proposed AFFH Rule

The proposed rule is predated by the original 2015 AFFH rule. It incorporates much of the original framework but makes many key refinements based on lessons learned and feedback HUD received from a variety of stakeholders, including PHAs. Among the changes, the proposed rule is designed to simplify the required fair housing analysis, emphasize goal setting, increase transparency for public review and comment, foster local commitment to addressing fair housing issues, enhance HUD technical assistance to local communities, and provide mechanisms for regular program evaluation and greater accountability.

The proposed rule would also require that HUD program participants (including PHAs) submit five-year Equity Plans to the Department for review and acceptance. These plans will contain analysis of fair housing issues in the community, describe proposed strategies to remedy those issues, and articulate goals for making progress. Plans must also reflect robust community engagement that informs the issues identified and proposed strategies to address them. Program participants will need to provide annual progress evaluations to HUD.

The proposed rule includes provisions that permit members of the public to file complaints with HUD if program participants are not adhering to their AFFH commitments and various other provisions that enable HUD to ensure that program participants are held accountable for complying with this rule. The Equity Plans' annual progress evaluations will be posted online.


Submit Comments on the Proposed Rule

HUD welcomes public comment on the proposed rule and invites the public to submit their views, comments, and recommendations for improvement to this proposal. The Department is committed to putting in place a rule that can be implemented effectively, and your input is vital to ensuring PHAs are prepared to implement the final rule.

The deadline for public comment is 60 days from the date of publication in the Federal Register. HUD will be publishing the NPRM in the Federal Register imminently. Comments may be submitted electronically through www.regulations.gov. For additional information, please reference the Department’s fact sheetquick reference guide, and public comment “how to” guide. Additionally, you may register for the February 9 virtual briefing HERE.

We look forward to reviewing your comments and considering your feedback as we work together to address historic inequities in housing and improve housing choice for those we serve.

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