Date Published: September 2016
AFFH is a requirement that stems from the Fair Housing Act and subsequent laws reaffirming its principles. The Fair Housing Act not only prohibits discrimination in housing related activities and transactions but has also provided, through the duty to AFFH, for meaningful actions to be taken to overcome the legacy of segregation, unequal treatment, and historic lack of access to opportunity in housing. Specifically, the Fair Housing Act requires all executive branch departments and agencies administering housing and urban development programs and activities to administer these programs in a manner that affirmatively furthers fair housing (42 U.S.C. § 3608). In particular, the Fair Housing Act requires that HUD programs and activities be administered in a manner affirmatively furthering the policies of the Fair Housing Act. HUD has promulgated regulations and implemented various requirements for its grantees in an effort to meet its AFFH obligations.
In July 2015, HUD took another step to AFFH and promulgated a Final Rule implementing AFFH for certain program participants, including local governments, Home Consortia, Public Housing Agencies (PHAs), States, and Insular Areas, to provide an effective planning approach to aid program participants in taking meaningful actions to overcome historic patterns of segregation, promote fair housing choice, and foster inclusive communities that are free from discrimination. The regulations establish specific requirements for the development and submission of an Assessment of Fair Housing (AFH) by program participants and the incorporation and implementation of that AFH into subsequent Consolidated Plans and PHA plans in a manner that connects housing and community development policy and investment planning with meaningful actions that AFFH.
For more information concerning AFFH and the AFH process, please refer to 24 C.F.R. § 5.150, the definition of AFFH at 24 C.F.R. § 5.152, and the AFH at 24 C.F.R. § 5.154. Additionally, refer to Section 1.1, 1.2, and 1.3 of the AFFH Rule Guidebook. The AFFH Rule Fact Sheet and the Fair Housing Planning under the AFFH Rule Fact Sheet may be helpful.
For additional questions concerning AFFH please use the Ask A Question (AAQ) portal on the HUD Exchange—remember to select AFFH in the “My question is related to” field.