Today, HUD published three Federal Register Notices regarding Assessments of Fair Housing (AFH) under the Affirmatively Furthering Fair Housing (AFFH) regulations.
Effective immediately, HUD’s Notice withdraws the current version of the assessment tool used by local governments to submit Assessments of Fair Housing (AFH) on the basis that the tool is unduly burdensome and ineffective. The tool was originally developed by HUD for local governments that receive certain formula funding from HUD to submit assessments under AFFH regulations. The assessment tool used by PHAs, States, and Insular Areas is unaffected by this Notice.
As a result of the immediate withdrawal, local jurisdictions do not have an approved Assessment Tool that is published and available for use in completing the AFHs. A future published notice announcing that a revised and approved Local Government Assessment Tool is available will also provide program participants with the revised due date for first AFH submissions. (More information regarding ongoing legal obligations to AFFH are outlined under #3 below.)
Following this withdrawal, HUD will review the Assessment Tool and its function under AFFH regulations. Therefore, the Notice also solicits comments and suggestions geared toward making the Local Government Assessment Tool workable and effective. Please submit any comments to us on improvements for the Assessment Tool by July 16, 2018. The attached Notice can be viewed online here.
Earlier this year, HUD extended the timeframe for local government Consolidated Plan program participants to submit Assessments of Fair Housing (AFH) under AFFH regulations. HUD’s Notice from today withdraws that extension. The attached Notice can be viewed online here.
With the withdrawal of both the deadline submission extension and the tool for submitting AFHs, HUD’s third Notice reminds Consolidated Plan program participants that have not yet submitted an AFH to continue carrying out duties to affirmatively further fair housing, such as through the use of an “analysis of impediments to fair housing choice” (AI). Standards and requirements for completing the AI are detailed in the attached Notice, which is available to view online here.