HUD Issued Proposed Regulation on Affirmatively Furthering Fair Housing

The Department of Housing and Urban Development (HUD) has issued a long-anticipated proposed regulation under the Fair Housing Act of 1968, entitled “Affirmatively Furthering Fair Housing” (AFFH). The proposed rule does not create any new obligations, but instead seeks to provide clearer guidance and tools to help entities understand and carry out their AFFH obligations. AFFH refers to the Fair Housing Act’s obligation for state and local governments to improve and achieve more meaningful outcomes from fair housing policies, so that every American has the right to fair housing, regardless of their race, color, national origin, religion, sex, disability or familial status. As stated in HUD’s press release, “Under the proposed new rule, HUD will provide program participants with: A more clearly articulated definition of what it means to affirmatively further fair housing; An assessment template that replaces the current, loosely defined Analysis of Impediments; Nationally uniform data and a geospatial tool; and Clear guidance and technical assistance.” In addition to the proposed rule, HUD has made available made available background materials and a prototype geospatial tool.

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