HUD Update on Affirmatively Furthering Fair Housing (AFFH)

(May 2018). We are writing today to let you know of an important development from the US Department of Housing and Urban Development (HUD) that transpired over the weekend.

HUD has made the decision to withdraw its Local Government Assessment Tool. Until recently, program participants that receive federal funding were required to use the tool to submit their plans to resolve local or regional barriers to fair housing. Also known as an Assessment of Fair Housing or AFH, these plans were required to comply with the Affirmatively Furthering Fair Housing rule (AFFH). HUD’s decision to withdraw its primary reporting mechanism effectively halts execution of the AFFH rule for the foreseeable future.

Since the tool is now unavailable, HUD is withdrawing its previous submission deadline until further notice, and until they develop a new tool to take its place. This development is the culmination of a series of events in which HUD has progressively walked back implementation of the Obama-era rule.

In a statement, HUD cited the tool as “confusing, difficult to use, and frequently produced unacceptable assessments.” Instead, HUD plans to launch a series of national listening sessions to seek public comment and determine the best framework for local governments to further fair housing choices in their communities.

National REIA will continue to work with industry partners NMHC and NAA, being on the lookout for any scheduling announcements or additional AFFH news, and will pass along this information as it becomes available.

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