HUD Issues New Rules to Affirmatively Further Fair Housing

Filed in Codes and Standards, Multifamily by on July 8, 2015 0 Comments

rules and regulations

This post was updated on July 10

New regulations announced by HUD on July 8 are intended to ensure that practices and policies of local governments do not promote racial segregation.

In a press statement, HUD said the final rule “clarifies and simplifies existing fair housing obligations and creates a streamlined Assessment of Fair Housing planning process, which will help communities analyze challenges to fair housing choice and establish their own goals and priorities to address the fair housing barriers in their community.”

Though NAHB supports the goals of the Fair Housing Act, we originally filed comments with HUD urging the agency to withdraw the rule in favor of reworking it with more input from the development community and other interested stakeholders.

Now that the rule is finalized, NAHB will work with HUD to implement it so that it is workable for developers and enables builders to provide a wide range of housing types to meet the needs for all Americans in all communities. In fact, NAHB is currently working to set up a meeting with HUD officials to get more clarification and to help us plot a strategy moving forward so that the rule will have a minimal impact on our members.

Despite the sheer size of the 377-page regulation, the rule is still yet to be defined. In essence, it serves as a “template” of process. The rule requires states, localities and public housing agencies to measure where they stand in terms of complying with fair housing obligations and to file a plan to ensure they are fostering policies that will combat segregation.

Because state and local municipalities will have wide latitude in how they achieve these aims, NAHB strongly encourages our members to get involved and be at the table as their states and local jurisdictions respond to the rule. NAHB is prepared to assist in providing workable recommendations and information to help members oppose adverse proposals.

The final rule will take effect 30 days after publication, but will be phased in over time. It comes about two weeks after the Supreme Court ruled that Fair Housing Act liability can be proven without the need to show intentional discrimination.

NAHB is thoroughly reviewing the rule and will provide further analysis to our members as soon as possible.

Learn more about the Affirmatively Furthering Fair Housing Final Rule here. Or for additional information, email Michelle Kitchen or call her at 800-368-5242 x8352.

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