National Association of Counties
On February 9, the U.S. Department of Housing and Urban Development (HUD) published a Notice of Proposed Rulemaking (NPRM) to implement and “fulfill the promise of” the Affirmatively Furthering Fair Housing (AFFH) mandate, which was established under the 1968 Fair Housing Act. This mandate directs the government to promote fair housing choice, eliminate disparities in housing, and foster inclusive communities.
The proposed rule, which incorporates much of the framework of the 2015 AFFH rule, streamlines the required fair housing analysis for local governments, states and public housing agencies. Specifically, it emphasizes goal-setting, increases transparency for public review and participation, aims to foster local commitment to addressing fair housing issues, enhance HUD technical assistance to local communities and provides mechanisms for routine program evaluation and greater accountability.
Under the proposed rule, program participants every five years would be required to submit to HUD an “equity plan” for approval. That plan, which must be developed following robust community engagement, would contain their analysis of fair housing issues confronting their communities, “ambitious” goals, and strategies to remedy those issues in concrete ways, and a description of community engagement. In addition to the five-year equity plans, the proposed rule would require program participants to incorporate goals and strategies from their accepted equity plans into subsequent planning documents, such as annual action plans and public housing agency plans.
In addition, program participants would be required to conduct and submit to HUD annual progress evaluations that describe the progress being made toward each goal listed in the approved equity plan, as well as any needed modifications of a goal. To promote transparency, both equity plans and the annual progress evaluations would be posted online. Additionally, the proposed rule includes provisions that allow members of the public to file complaints directly with HUD if they believe that a program participant is not living up to their AFFH commitments.
Public comments may be electronically submitted through the www.regulations.gov website or by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW, Room 10276, Washington, DC 20410-0500. It is strongly encouraged that you submit your comment electronically. Comments are due by April 10, 2023.
NACo will continue to monitor any relevant updates regarding the proposed rule, and will provide comments on behalf of counties.
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<p>Economic mobility refers to changes in an individual’s economic status over a lifetime and across generations—usually measured in income.
<p>Responsible for all matters pertaining to housing, community and economic development, public works, and workforce development including the creation of affordable housing and housing options for different populations, residential,
