Affirmatively Furthering Fair Housing Rule
 

AFFH

This page provides a number of resources related to HUD’s Final Rule on Affirmatively Furthering Fair Housing (AFFH).

Background: The AFFH Final Rule includes a requirement for certain HUD grantees (PHAs and CPD block grant Consolidated Planning agencies) to conduct an Assessment of Fair Housing (AFH) planning process. The AFH planning process will help communities analyze challenges to fair housing choice and establish their own goals and priorities to address the fair housing barriers in their community.

Final Rule: Information on the Final Rule itself can be found here.

In addition to the Final Rule, there are several other critical components to implementing AFFH. These include:

  • The Assessment Tool, which grantees will use to conduct an Assessment of Fair Housing (AFH).
  • The AFFH Data and Mapping Tool (AFFH-T) can be found here.
  • Previous documents can be found on the Archives page.
  • Additional information for HUD grantees and partners can also be found on the HUD Exchange website.

HUD Rule on Affirmatively Furthering Fair Housing

The U.S. Department of Housing and Urban Development (HUD) has released a final rule to equip communities that receive HUD funding with the data and tools that will help them to meet long-standing fair housing obligations in their use of HUD funds. HUD will provide publicly open data for grantees to use to assess the state of fair housing within their communities and to set locally-determined priorities and goals. The rule responds to recommendations of the Government Accountability Office and stakeholders for HUD to enhance its fair housing planning obligations by providing greater clarity and support to jurisdictions receiving HUD funding, and facilitating local decision-making on fair housing priorities and goals.

For more than forty years, HUD funding recipients have been obligated by law to reduce barriers to fair housing. Established in the Fair Housing Act of 1968, the law directs HUD and its program participants to affirmatively further the Act’s goals of promoting fair housing and equal opportunity. The final rule on affirmatively furthering fair housing (AFFH) aims to provide all HUD grantees with clear guidelines and the data that will help them to achieve those goals, because no child’s ZIP code should determine her opportunity to achieve.

HUD’s rule clarifies and simplifies existing fair housing obligations for HUD grantees to analyze their fair housing landscape and set locally-determined fair housing priorities and goals through an Assessment of Fair Housing (AFH). To aid communities in this work, HUD will provide open data to grantees and the public on patterns of integration and segregation, racially and ethnically concentrated areas of poverty, disproportionate housing needs, and disparities in access to opportunity. This improved approach provides a better mechanism for HUD grantees to build fair housing goals into their existing community development and housing planning processes. In addition to providing data and maps, HUD will also provide technical assistance to aid grantees as they adopt this approach.

The Final Rule was published in the Federal Register on July 16, 2015.

A copy of the Final Rule can be found here.

To see a copy of the Press Release, click here.

An Executive Summary describing the Final Rule can be found here.

A copy of the Regulatory Impact Analysis that accompanied the Final Rule can be found here.

For additional resources for grantees click here.

Assessment Tool

This page provides information on the Assessment Tool that HUD program participants will use to complete an Assessment of Fair Housing (AFH).

On December 31, 2015, HUD issued the Assessment Tool that will be used by certain HUD program participants to complete an AFH. A copy of the Federal Register Notice announcing the issuance of the Assessment Tool is here.

Under the AFFH regulation, HUD grantees that complete a Consolidated Plan for HUD’s CPD block grant programs as well as Public Housing Agencies (PHAs) will complete an AFH to accompany their 3-5 Year Con Plan or 5-Year PHA Plan. They may also work together with other grantees and PHAs to submit a joint AFH. Members of the community will also have an opportunity to provide input for the Assessment of Fair Housing.

A copy of the Final Assessment Tool that was released on December 31, 2015 can be found here.

For a comparison of the changes made in the Final Assessment Tool released on December 31, 2015 to the the 30-Day PRA Release version (Option B), click here.

Link to the Data and Mapping Tool (AFFH-T). This is the HUD AFFH Data and Mapping Tool that will assist program participants in completing an Assessment of Fair Housing. The HUD-provided data and maps will also be available to HUD program participants through a User Interface.

For program participants with an assessment (AFH) due date in calendar year 2016 or 2017, HUD provides downloadable tables in Excel format showing demographics of developments and Census tracts in which they are located. The tables can be downloaded at this link and will also be provided directly to these program participants.

A User Guide for the AFFH-T Data and Mapping Tool can be found here.

Data documentation - an explanation of the data (maps, tables, indices) in the AFFH-T Data and Mapping Tool.

Assessment Tools for different types of program participants. The Assessment Tool released on December 31, 2015 is only for specific program participants. Specifically, by Consolidated Plan entitlement jurisdictions as well as public housing agencies that will partner with entitlement jurisdictions to submit a joint AFH. HUD is in the process of developing separate Assessment Tools for other program participants including States and insular areas and public housing agencies that opt to submit their own AFH.

 

Which grantees will use this Assessment Tool (December 31, 2015) Which grantees will use a different Assessment Tool

1. Local governments (that receive CDBG, HOME, ESG or HOPWA funds) submitting an AFH alone.

2. Joint or Regional Collaborations between:

a. Only local governments

b. One or more local governments with one or more PHAs

c. Other collaborations in which a local government is designated as the lead entity

1. States and Insular Areas submitting alone

2. Joint or regional collaborations (with local governments and/or PHAs) where the State is designated as the lead entity

3. PHAs submitting alone

4. Joint collaborations among only PHAs

The AFFH Final Rule and the Assessment Tool have gone through extensive rounds of public notice and comment. This page provides helpful links to the documents issued for public comment for the Proposed Rule stage and for the two rounds of Paperwork Reduction Act clearance of the Assessment Tool (60-Day and 30-Day public comment periods).

Assessment Tool for States and Insular Areas

On March 11, 2016, HUD issued the AFFH Assessment Tool for Public Housing Agencies for a 60-day public comment period under the Paperwork Reduction Act (PRA).

The Federal Register Notice announcing the public comment period can be found at this link.

A PDF copy of the Federal Register Notice is available here.

To view the public comments that were received on the Assessment Tool, use this link.

A copy of the Assessment Tool that is the subject of the public comment notice is available here:

To facilitate the public review and comment process, the following additional items are provided:

  • A version of the Assessment Tool, with edits marked in redline, for purposes of comparing the proposed Assessment Tool for States and Insular Areas with the version of the Assessment Tool that was issued for use by local government agencies. A PDF version is available here.

  • Examples of Maps and Tables that are under development by HUD to assist program participants in completing their Assessments of Fair Housing.

    • A brief explanation of the example maps and tables is provided here.
    • Copies of the tables can be downloaded as a PDF file here. Or in an Excel file here.
    • Copies of the maps can be downloaded in a zip file here.

Assessment Tool for Public Housing Agencies

On March 23, 2016, HUD issued the AFFH Assessment Tool for Public Housing Agencies for a 60-day public comment period under the Paperwork Reduction Act (PRA).

The Federal Register Notice announcing the public comment period can be found at this link.

A PDF copy of the Federal Register Notice is available here.

To view the public comments that were received on the Assessment Tool, use this link.

A copy of the Assessment Tool that is the subject of the public comment notice is available here in word format

To facilitate the public review and comment process, the following additional items are provided:

  • A version of the Assessment Tool, with edits marked in redline, for purposes of comparing the proposed Assessment Tool for Public Housing Agencies with the version of the Assessment Tool that was issued for use by local government agencies is available here in word format..

  • Examples of Maps and Tables that are under development by HUD to assist program participants in completing their Assessments of Fair Housing.

    • A brief explanation of the example maps and tables is provided here. For a copy of the table layout example of publicly supported housing data referenced in the explanation is provided here.
    • Copies of the sample tables can be downloaded as a PDF file here. Or in an Excel file here.
    • Copies of the sample maps can be downloaded as zip file here. Sample maps are provided at two levels of geography: the Jurisdiction (PHA Service Area) level; and the Region level.
  • To download the Jurisdiction (PHA Service Area) sample maps, click here.
  • To download the Region level sample maps, click here.

    PRA Renewal of the Assessment Tool for Local Governments

    On March 23, 2016, HUD issued a notice on to renew the AFFH Assessment Tool for Local Governments under the Paperwork Reduction Act with 60 days for public review and comment. The Assessment Tool for Local Governments was initially issued for public effect on December 31, 2015. The Office of Management and Budget approved the use of this information collection instrument for a period of one year. HUD is initiating the process for the renewal of this Assessment Tool pursuant to the Paperwork Reduction Act (PRA). The PRA requires two public comment periods – a public comment period of 60 days (which is being initiated by the March 23, 2016 notice) and a second comment period of 30 days. After consideration of the public comments submitted in response to this notice, HUD will solicit a second round of public comments for a period of 30 days.

    The Federal Register Notice announcing the public comment period can be found at this link.

    A PDF copy of the Federal Register Notice is available here.

    To view the public comments that were received on the Assessment Tool, use this link.

    Reviewers should refer to the existing Assessment Tool for Local Governments, which can be accessed on HUDUSER here, and on the HUD Exchange website here.

    Reviewers may also refer to the AFFH Data and Mapping Tool to facilitate their review.

    Proposed Rule

    To view an online hyperlinked version of the proposed Rule, click here,
    and for a PDF version, click here.

    Copies of the public comments that were received on the Proposed Rule can be reviewed here.

    To read the Regulatory Impact Analysis, click here.

    To read the data methodology document, click here.

    A short Summary document that was released at the time of the Proposed Rule is located here.


    Assessment Tool for 60-Day PRA

    On September 26, 2014, HUD released a draft Assessment Tool for a 60-day public comment period. The Assessment Tool will assist HUD block grant recipients and public housing agencies (PHAs) in completing an Assessment of Fair Housing (AFH) that will accompany their 5-year Consolidated Plans and PHA Plans. Numerous public comments were received on the draft.

    To read the preamble, which walks through the content of the draft Assessment, please click here.

    To view the draft Assessment, please click here.

    To view the HUD-provided data tables referenced in the Assessment, please click here.

    To view the HUD-provided maps referenced in the Assessment, please click here.

    An explanation of the HUD-provided data (maps and tables) that was released at the time of the Proposed Rule is located here.

    To view the Federal Register, please click here.


    Assessment Tool for 30-Day PRA

    HUD asked for public comments on the Assessment Tool through a Notice published in the Federal Register on July 16, 2015. This was the second comment period on the tool, as required by the Paperwork Reduction Act. A copy of the Federal Register Notice is located here. This Notice provides a full explanation of the Assessment Tool. Copies of all of the public comments that were received can be found here.

    The Draft Assessment Tool. HUD asked for comments on two versions of the Assessment Tool - the two versions differ only in their placement of contributing factors to be analyzed.


    User Friendly Guide

    A short document, “A New Assessment Process to Affirmatively Further Fair Housing,” was released by HUD at the time of the Proposed Rule outlining the strategy to refine and improve the process currently known as the Analysis of Impediments to Fair Housing Choice (AI).

    A copy of the document, “A New Assessment Process to Affirmatively Further Fair Housing” can be found here.


    Renewal of the Assessment Tool for Local Governments

    On August 23, 2016, HUD issued a Notice for public comment on the renewal of the AFFH Assessment Tool for Local Governments. This Notice provides for thirty days for the public to review the tool and provide public comments, following the requirements of the Paperwork Reduction Act.

    A copy of the Assessment Tool is available here.

    A link to the Notice in the Federal Register is available here.

    A link to a copy of the Assessment Tool showing changes marked in redline edits to compare with the version issued for the 60-Day PRA public comment period is available here.

    To submit comments, click on this link. Comments on the Notice and Assessment Tool are due by September 22, 2016.


    Other Information

    For copies of previous versions of the AFFH Notices and documents issued for public comment, please see the Archives page.