AFFH FAQ
Q

Are the community participation requirements different for Consolidated Plan program participants and Public Housing Agencies?

Date Published: September 2016

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There are some portions of the community participation requirements that are the same for Consolidated Plan program participants and Public Housing Agencies (PHAs) and some portions that are different. All program participants must follow the community participation requirements at Sections 5.154 and 5.158 of the Affirmatively Furthering Fair Housing (AFFH) rule.

All Program Participants

All program participants provide a summary of Community Participation in the Assessment of Fair Housing (AFH) pursuant to 24 CFR § 5.154. Section 5.154 program participants are required to report on their community participation processes and outcomes in the AFH. The AFH must include:

  • A concise summary of the community participation process, public comments, and efforts made to broaden community participation in the development of the AFH;
  • A summary of the comments, views, and recommendations, received in writing, or orally at public hearings, during the community participation process; and
  • A summary of any comments, views, and recommendations not accepted by the program participant and the reasons for nonacceptance.

The requirements at 24 CFR § 5.158 provide that the public has reasonable opportunities for involvement in the development of the AFH and in the incorporation of the AFH into Consolidated Plans and/or Public Housing Agency (PHA) Plans. These requirements are aimed at assisting program participants in achieving an inclusive fair housing planning process where community members, community-based organizations, and program participants contribute to the development of the AFH, as well as plans and activities to achieve fair housing goals specified in the AFH.

Consolidated Plan Program Participants

The Consolidated Plan program participant must follow the policies and procedures described in its applicable Citizen Participation Plan. Note, however, that Consolidated Plan program participants must update their Citizen Participation Plans to reflect the requirements of the AFFH rule.

Consolidated Plan program participants must follow the policies and procedures described in 24 CFR part 91 (see 24 CFR §§ 91.100, 91.105, 91.110, 91.115, 91.235, and 91.401), in the process of developing the AFH, obtaining community feedback, and addressing complaints. This includes, but is not limited to:

  • Make any proposed analysis and the relevant documents, including the HUD-provided data and any other data to be included in the AFH, available to the public;
  • The jurisdiction must consult with the agencies and organizations identified in consultation requirements at 24 CFR part 91 (see 24 CFR §§ 91.100, 91.110, and 91.235);
  • Publish the proposed AFH in a manner that affords residents and others the opportunity to examine its content and submit comments;
  • Provide for at least one public hearing during the development of the AFH and provide notice of this public hearing; and
  • Provide a period of no less than 30 calendar days to receive comments from residents of the community.

PHA Program Participants

PHAs must follow the policies and procedures described in 24 CFR §§ 903.13, 903.15, 903.17, and 903.19 in the process of developing the AFH, obtaining Resident Advisory Board and community feedback, and addressing complaints. This includes, but is not limited to:

  • Continue to ensure a PHA’s Annual Plan is consistent with the applicable Consolidated Plan;
  • At least 45 days prior to the hearing, make any proposed analysis and relevant documents, including the HUD-provided data and any other data to be included in the AFH, available to the public; and
  • At least 45 days prior to the hearing, publish a notice informing the public that the information is available for review and inspection.

For more information concerning community participation please refer to Sections 3.4 of HUD’s AFFH Rule Guidebook. See also the Fact Sheets about community participation for Consolidated Plan program participants and for Public Housing Agencies.


Tags: AFFH Community Participation

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FAQ ID:

3010