HUD Posts Interim AFFH Guidance for States

HUD recently posted interim guidance for states regarding their statutory obligation to affirmatively further fair housing (AFFH). The guidance tells how states should comply with the rule until HUD finalizes the state Assessment of Fair Housing Tool.

The AFFH final rule required state agencies to submit an Assessment of Fair Housing (AFH) no later than 270 calendar days prior to the start of the program year beginning Jan. 1, 2018, for which a new consolidated plan is due. However, it also stated that no AFH will be due before the publication of the Assessment Tool applicable to the program participant, and that HUD must provide program participants a minimum of nine months after the publication of their Assessment Tool before their AFH is due.

Because HUD has not yet finalized the state Assessment Tool, it’s telling states that would otherwise have an AFH due to HUD prior to nine months after it publishes the final state Assessment Tool to instead conduct an update of the state’s Analysis of Impediments (AI), as opposed to an AFH. HUD encourages states updating their AI pending the final state Assessment Tool to consider the framework set forth in the AFFH rule and draft state Assessment Tools in updating their AI.

HUD published the most recent draft of the state Assessment Tool for comment on Sept. 28, 2016, and asked for public comment and feedback. As of the date of this guidance, HUD is continuing to develop an updated version of the Assessment Tool, which HUD intends to publish before proceeding to a second round of soliciting comments and feedback.