by Vanessa Raymond-Garcia, RHLS Policy Analyst
The Affirmatively Furthering Fair Housing (AFFH) law is a provision of the Fair Housing Act, a federal law passed in 1968. The goal of AFFH is to eliminate housing discrimination and promote fair housing opportunities for all individuals, regardless of their race, color, religion, sex, national origin, disability, or familial status.
The AFFH requires that any entity receiving federal funding related to housing or urban development must take proactive steps to affirmatively further fair housing. This means that these entities, such as local governments, housing authorities, and public housing agencies, are not only prohibited from engaging in discriminatory practices, but are also obligated to actively work to overcome historic patterns of segregation and promote fair housing choice.
The U.S. Department of Housing and Urban Development (HUD) is responsible for enforcing AFFH. HUD provides guidance and support to help program participants comply with the law and take meaningful actions to promote fair housing. Entities receiving federal funding are required to conduct an analysis of fair housing issues in their communities, identify barriers to fair housing choice, and develop plans to address those barriers.
The AFFH seeks to address systemic inequalities and promote inclusive communities by addressing issues such as housing segregation, disparities in access to quality housing, and discriminatory practices. It emphasizes the importance of equal housing opportunities and recognizes the role that housing plays in shaping individuals’ access to education, employment, healthcare, and other opportunities.
Through the Affirmatively Furthering Fair Housing law, the aim is to create more equitable and inclusive communities, reduce discrimination in housing, and provide everyone with fair and equal access to safe, affordable, and quality housing.
Under the previous interim AFFH rule, which was implemented in 2021 and titled “Restoring Affirmatively Furthering Fair Housing Definitions and Certifications,” local governments and public housing agencies receiving federal housing funds were required to submit certifications that they would affirmatively further fair housing in connection with their consolidated plans, annual action plans, and PHA plans. In order to support these certifications, the interim rule created a voluntary fair housing planning process where HUD provided technical assistance and support. This assessment involved analyzing local housing data, identifying barriers to fair housing, setting goals to address those barriers, and taking proactive steps to affirmatively further fair housing. The rule aimed to promote equity and inclusion in housing by addressing historical patterns of segregation and discrimination, but did not provide detailed requirements for conducting the assessment or any requirements for community engagement in the planning process.
Earlier this year, HUD proposed a final rule clarifying the AFFH data collection, assessment, and implementation requirements. The current proposed rule has key differences from previous rules, including greatly improved community engagement requirements, a “streamlined process” to identify fair housing issues and develop fair housing goals and priorities, and an emphasis on the need for a “balanced approach” to AFFH which is to include both placed-based strategies to improve disinvested housing and neighborhoods and mobility-based strategies designed to help members of fair housing protected classes move to better-quality housing and neighborhoods.
The current AFFH rule is proposed, which means it is subject to a public comment period and potential revisions before being finalized. RHLS is one of the many organizations nationwide that submitted comments to HUD to further improve the 2023 proposed rule. These recommendations aim to enhance the effectiveness and impact of the AFFH rule in promoting fair housing and addressing housing disparities. Our major recommendations include:
- Strengthen the balanced approach to housing to include the choice to stay in one’s neighborhood as a measure of addressing fair housing goals,
- Ensure that strategies are designed to avoid displacement, benefit existing residents, and preserve the cultural character of the communities receiving investment,
- Strengthen community engagement by requiring program participants to (1) include fair housing advocates and people representing underserved communities at all stages of the process, (2) give greater weight to the viewpoints of community members who live in underinvested communities or who are members of protected classes under the Fair Housing Act, (3) hold more than three meetings in larger jurisdictions, and (4) hold two rounds of meetings before the Equity Plan is finalized – one to gather information and another to receive feedback on proposed goals and strategies,
- Require program participants to report existing tenant protections in their Equity Plans, and
- Ensure that disaster recovery is done equitably and furthers fair housing.
We hope that HUD will incorporate these recommendations into the Final Rule in order to strengthen housing protections against discrimination.