HUD to Amend Its Affirmatively Furthering Fair Housing Rule

Filed in Codes and Regulations by on August 14, 2018 2 Comments

regulationsOn Aug. 13, HUD published a notice inviting public comment on amendments to its Affirmatively Furthering Fair Housing (AFFH) regulations.

Under the AFFH rule, as a condition of receiving certain HUD funds, state and local governments must work to identify barriers to fair housing choice and ensure that their practices and policies do not promote racial segregation.

However, HUD found that in contrast to its stated goals, the AFFH rule proved ineffective and highly prescriptive, and effectively discouraged the production of affordable housing.

HUD’s objective in pursuing new rulemaking is to offer more helpful guidance to states and local communities to effectively promote fair housing choice through the use of their federal funds.

From a builders’ perspective, the rule affects NAHB members’ building and development opportunities because of its impact on land use, zoning decisions and the availability of federal housing and community development funds.

HUD is requesting public comment on changes that will:

  1. Minimize regulatory burden while more effectively helping program participants meet their statutory obligations;
  2. Create a process focused primarily on accomplishing positive results, rather than on analysis;
  3. Provide for greater local control and innovation;
  4. Seek to encourage actions that increase housing choice including through greater housing supply; and
  5. More efficiently use HUD resources.

After the notice is officially published in the Federal Register, the public will have 60 days to comment.

NAHB has consistently urged HUD to revise the AFFH rule and address its potential for inappropriate federal encroachment on local land use and legitimate business decisions. NAHB will work with our members to respond to this latest comment opportunity.

For more information, contact Michelle Kitchen at 800-368-5242, x8352.

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Comments (2)

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  1. joe says:

    And these revisions would help to diminish discrimination in what way?

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