Date Published: September 2016
In general, HUD program participants must conduct and submit an AFH to HUD at least once every 5 years. A program participant’s AFH submission deadline is generally based on its Consolidated Plan or Public Housing Agency (PHA) planning cycles. The provision of the new Affirmatively Furthering Fair Housing (AFFH) rule that establishes initial AFH submission deadlines is located at 24 C.F.R. § 5.160.
The date on which the first AFH is due depends on the nature and size of the program participant’s HUD grant. Program participants must generally submit their first AFH 270 days before the start of their next program year or fiscal year for which a new 3-5 year Consolidated Plan or 5-year PHA plan is due starting on or after a date certain depending on the category of participant as described in the following charts.
Participant Type: Consolidated Plan Program Participants |
The first AFH is due 270 days prior to the program year for which a new 3-5 year Consolidated Plan is due, starting on or after: |
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All Consolidated Plan program participants (except those exceptions outlined in the rows below) |
January 1, 2017 |
Local governments that received a $500K or less CDBG grant in FY2015 |
January 1, 2018 |
States and Insular Areas |
January 1, 2018 |
Participant Type: |
First AFH due 270 days prior to the fiscal year for which a new 5-year plan is due, starting on or after: |
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All PHAs that are not Qualified PHAs |
January 1, 2018 |
Qualified PHAs |
January 1, 2019 |
If, for example, a Consolidated Plan program participant that has its next 5-year cycle beginning on July 1, 2017, and received more than $500,000 in Community Development Block Grant (CDBG) funds for FY2015, its AFH due date would be October 4, 2016 (or 270 days prior to its program year start date). If on the other hand, it was an entity that received $500,000 or less in CDBG funds for FY2015, its first new 5-year cycle after January 1, 2018, is July 1, 2022, and its AFH would not be due until October 4, 2021. Note that there are certain exceptions to these dates under the AFFH regulation.
For additional information, refer to 24 C.F.R. § 5.160 and Section 3.1 of the AFFH Rule Guidebook.