HUD Issues Fair Housing Rule

On July 19, HUD issued for comment a proposed rule on Affirmatively Furthering Fair Housing (AFFH) to help HUD program participants take more informed steps proactively to overcome historic patterns of segregation, promote fair housing choice, and foster inclusive communities for all. Comments are due Sept. 17.

As stated in the preamble of the proposed rule, "the Fair Housing Act not only prohibits discrimination but, in conjunction with other statutes, directs HUD's program participants to take steps proactively to overcome historic patterns of segregation, promote fair housing choice, and foster inclusive communities for all."

However, as a recent Government Accountability Office (GAO) report points out, the current practice of affirmatively furthering fair housing as carried out by HUD grantees, which involves an analysis of impediments to fair housing choice and a certification that the grantee will affirmatively further fair housing, has not been as effective as had been envisioned.

HUD's goal is that this new guidance - including a template for the assessment, and a HUD-review process - should ensure that program participants achieve more meaningful outcomes that affirmatively further fair housing and overcome the legacy of segregation through the obligation of affirmatively furthering fair housing (AFFH).

As part of this new approach, HUD will provide states, local governments, insular areas, and public housing agencies (PHAs), as well as the communities they serve, with data on patterns of integration and segregation; racially and ethnically concentrated areas of poverty; access to education, employment, low-poverty, transportation, and environmental health, among other critical assets; disproportionate housing needs based on the classes protected under the Fair Housing Act.

From these data, HUD expects that program participants will evaluate their present environment to assess fair housing issues, identify the primary determinants that account for those issues, and set forth better informed strategies and actions to achieve their stated fair housing priorities and goals.

The preferred method of submitting comments is electronically through though the electronic Federal eRulemaking Portal which can be accessed by clicking here. Comments can also be sent by mail to:

Regulations Division,
Office of General Counsel
Department of Housing and Urban Development
451 7th Street SW., Room 10276
Washington, DC 20410-0001

Please share any comments to Ken Harris and we’ll also forward to LeadingAge.

Contact: Ken Harris, kharris@leadingageny.org, 518-867-8835