New AFFH Rule Takes Effect
In July, HUD published on its website a final rule titled “Preserving Community and Neighborhood Choice.” This rule, which went into effect on September 8, implements the Fair Housing Act’s duty to affirmatively further fair housing (AFFH) and changes the definition of affirmatively furthering fair housing. First, it broadens the definition of fair housing to mean “housing that, among other attributes, is affordable, safe, decent, free of unlawful discrimination, and accessible as required under civil rights laws.” Second, it defines the phrase “affirmatively further” as “any action rationally related to promoting any attribute or attributes of fair housing.” In essence, these changes broaden the term affirmatively furthering fair housing to make it an easier requirement to meet.
Additionally, the new rule no longer requires that PHAs complete analyses of impediments or fair housing assessments. Instead, PHAs must participate in the consolidated planning process for their local jurisdictions and make sure their annual plans are consistent with a jurisdiction’s consolidated plan with respect to affirmatively furthering fair housing. PHAs must also submit a certification from local or state officials that their annual plan is consistent with the local consolidated plan, a certification that the PHA is in compliance with applicable civil rights laws, and a certification that the PHA is affirmatively furthering fair housing.