HUD published an interim final rule, which partially restores the Affirmatively Furthering Fair Housing (AFFH) rules promulgated under President Barack Obama (D). The rule requires HUD grantees (PHAs, as well as state and local governments) to regularly certify compliance with the Fair Housing Act’s AFFH requirement and, in doing so, commit to taking steps to remedy their unique fair housing issues.
Comments are due by July 12, 2021, and the interim final rule will go into effect on July 31, 2021. The rule does not prescribe a specific method by which to identify the fair housing concerns that exist locally, as previous rules required with the Assessment of Fair Housing and Analysis of Impediments. HUD will provide technical assistance and support to funding recipients that carry out this voluntary fair housing planning process.
HUD intends to undertake a separate rulemaking to build upon and further improve the 2015 AFFH rule by instituting a new fair housing planning process and framework that increases efficiency and improves outcomes for communities across the country.
