HUD Publishes Interim Final Rule Implementing AFFH
By: Tushar Gurjal, Senior Policy Manager
In late February, HUD released a pre-publication copy of a rule titled “Affirmatively Furthering Fair Housing Revisions” in the Federal Register. The rule would put in place the pre-1994 “ . . . original understanding of what the statutory [Affirmatively Furthering Fair Housing] certification was . . . .” Any certification by a HUD grantee that “ . . . [it] took any action during the relevant period rationally related to promoting fair housing, such as helping to eliminate housing discrimination” will be deemed sufficient.
The interim final rule makes certain definitional changes. It defines “fair housing” in this context as “ . . . housing that, among other attributes, is affordable, safe, decent, free of unlawful discrimination, and accessible as required under civil rights laws.” It defines “affirmatively further” as taking “ . . . any action rationally related to promoting any attribute or attributes of fair housing . . . .” Thus to meet the applicable standard, HUD grantees would have to take any action rationally related to promoting housing that is affordable, safe, decent, free of unlawful discrimination and is accessible under civil rights laws—a simple standard to meet.
Grantees receiving HUD funds must make certain certifications that they have complied. For housing agencies to comply with the rule, the PHA must certify that it will affirmatively further fair housing and the certification is applicable to both the PHA 5-year plan and the annual plan. Other HUD grantees–including certain state or local governments, HOME investment partnerships program grantees, community development block grantees, housing opportunities for persons with aids grantees, emergency solutions grants grantees—must also make similar certifications in their planning processes.
This rule is an interim final rule and will become effective 30 days after it is published in the Federal Register. Comments for the interim final rule are due 60 days after it is published in the Federal Register.
A pre-publication copy of the rule can be found here.