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Affirmatively Furthering Fair Housing (AFFH) is a legal requirement that federal agencies and federal grantees further the purposes of the Fair Housing Act. AFFH "means taking proactive steps beyond simply combating discrimination to foster more inclusive communities and access to community assets for all persons protected by the Fair Housing Act. More specifically, it means taking steps proactively to address significant disparities in access to community assets, to overcome segregated living patterns as well as to support and promote integrated communities, to end racially and ethnically concentrated areas of poverty, and to foster and maintain compliance with civil rights and fair housing laws." This obligation to AFFH has been in the Fair Housing Act since 1968 (for further information see Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3608 and Executive Order 12892).
Despite the existing obligation to AFFH, in too many communities, the Fair Housing Act has not had the impact it intended — housing choices continue to be constrained through housing discrimination, the operation of housing markets, investment choices by holders of capital, the history and geography of regions, and patterns of development and the built environment. These factors and others can result in segregation, racially concentrated areas of poverty, and unequal access to vital community assets that can shape life outcomes.
Fair Housing Goals
The AFFH final rule would set out four clear fair housing goals for all communities to ensure greater opportunities for all Americans:
- Reduce segregation, and build on the nation’s increasing racial, geographic and economic diversity.
- Eliminate racially and ethnically concentrated areas of poverty.
- Reduce disparities in access to opportunity such as quality schools, job centers, and transit though both mobility and neighborhood reinvestment.
- Narrow gaps that leave families with children, people with disabilities, and people of different races, colors, and national origins with more severe housing problems (a.k.a. disproportionate housing needs).
AFFH would work toward these ends by improving the current regulatory structure. The AFFH process begins with robust data, guidance, and a template for an Assessment of Fair Housing (AFH) that will help grantees to identify where fair housing challenges and opportunities exist. Grantees would be required to identify fair housing goals and link their assessment into housing and community development planning through appropriate actions.
AFFH Rule Model
The AFFH rule follows the following model:
Part One: Provision of Data and AFH template |
HUD provides each grantee with data and a template to assess fair housing issues in its community. |
Part Two: Local Analysis |
Using the HUD data, available local data and knowledge, and the required community participation process, each jurisdiction or PHA analyzes its fair housing issues and provides a complete AFH to HUD, including fair housing goals. |
Part Three: Review & Response |
HUD reviews each AFH within 60 days of submission and either accepts the AFH based on a completeness and consistency with fair housing and civil rights law, or explains why the AFH is not being accepted and what the participant must do to have it accepted. |
Part Four: Incorporation into Subsequent Planning & Action |
The goals identified in the AFH are used to inform the strategies and actions of the Consolidated Plan, the Annual Action Plan, the PHA Plan, and the Capital Fund Plan. |
The AFFH rule and proposed AFH are designed to move beyond satisfying a technical reporting requirement to a new level of community planning regarding local fair housing issues. The AFFH process will begin with honest and inclusive community conversation and culminates in shaping the action plans that strengthen our neighborhoods and provide a strong foundation for all community members. HUD seeks a new partnership with the communities we serve where our collective economic development and civil rights wisdom is put to work on behalf of individuals and families striving for the American Dream
If you have any questions regarding AFFH or require additional assistance, please send an email to LEPAFFH@HUD.GOV.
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