HUD Issues Final AFFH Rule


HUD released its much-anticipated Affirmatively Furthering Fair Housing rule on Wednesday, July 8, 2015, to copious news-media coverage and widespread, initial positive reaction from a broad range of public officials, housing advocates and industry groups.

As CLPHA said in its 2013 comments to the proposed rule: “Like HUD, PHAs are committed to furthering fair housing and pursuing the goals of deconcentration of poverty and increased integration of housing opportunities. We applaud HUD’s efforts in both the advocacy of fair housing as well as the creation of the proposed rule to provide better guidance to grantees regarding their obligation to affirmatively further fair housing.”

But in those same comments to HUD on what was then the agency's proposed rule, CLPHA also said: "However, we are concerned that the proposed rule sends mixed messages about how PHAs’ current operations comply with their obligation to affirmatively further fair housing; offers inadequate protections to PHAs that strive to meet their obligations; and imposes an unfunded mandate on PHAs that are already suffering from severe budget cuts to their current operations." We characterized the proposed rule as overly burdensome. 

Given that, CLPHA plans to provide members with a full analysis of HUD's 377-page final AFFH rule shortly.

CLPHA also plans to provide analysis of the Supreme Court's recent "disparate impact" case with a specific focus on what it means for our members that the high court ruled that housing discrimination doesn't have to be intentional to be illegal.

Return to: CLPHA Report -July 14, 2015