NLIHC has prepared two briefs providing initial overviews of the proposed Affirmatively Furthering Fair Housing (AFFH) regulation provisions regarding the Equity Plan and the Community Engagement and Complaint processes. The two briefs – “Preliminary Overview of the AFFH Equity Plan” and “Preliminary Overview of AFFH Community Engagement and Complaint Processes” – include suggestions for improvements while expressing concerns about certain provisions. NLIHC will continue to produce additional briefs describing and analyzing other aspects of the proposed AFFH regulation.
The first brief, “Preliminary Overview of the AFFH Equity Plan,” outlines the Equity Plan’s general provisions, summarizing the requirement to develop an Equity Plan by conducting an analysis identifying fair housing issues that must be prioritized in order to establish fair housing goals to overcome the prioritized fair housing issues. The proposed rule has seven categories of questions to guide local and state jurisdictions that must submit a Consolidated Plan, as well five categories of questions tailored for public housing agencies (PHAs). The Equity Plan section also explains how Equity Plans, Annual Progress Evaluations, and related communications between HUD and local and state governments and PHAs (collectively referred to as “program participants”) will be posted on a HUD-maintained webpage.
The second brief, “Preliminary Overview of AFFH Community Engagement and Complaint Processes,” outlines those community engagement provisions that are much better than those of the 2015 AFFH rule. However, as NLIHC points out, additional community engagement is needed and key provisions should be clarified. NLIHC also outlines the new Complaint process available to the public – something NLIHC and other advocates have long-sought. The proposed rule more directly requires incorporation of the Equity Plan’s fair housing goals, strategies, and actions into local and state government Consolidated Plans (ConPlans) and Annual Action Plans, as well as into PHAs’ Five-Year and Annual PHA Plans. To accommodate the “incorporation” provisions of the AFFH rule, HUD proposes amending the ConPlan and PHA Plan regulations. NLIHC’s analysis includes discussion of the ConPlan and PHA Plan changes. NLIHC is concerned that the proposed AFFH rule and ConPlan and PHA Plan amendments are not sufficiently clear and in several cases seem to fail to align.
HUD will accept comments until April 10. NLIHC will offer sample comment letters that advocates should consider using.
Read “Preliminary Overview of the AFFH Equity Plan” at: https://bit.ly/3Eg9YHF
Read “Preliminary Overview of AFFH Community Engagement and Complaint Processes” at: https://bit.ly/3EglHWy
Read NLIHC’s “Preliminary Highlights of Five Positive Overarching Features of the Proposed AFFH Rule,” first provided in Memo, 2/13
Read NLIHC’s “Key Provisions of the 2023 Proposed AFFH Rule: Based on the Executive Summary and Background Sections of the Preamble,” first provided in Memo, 1/23
Find HUD’s preview version of the proposed AFFH rule at: https://bit.ly/3wWsRLH
Find the Federal Register version of the proposed AFFH rule at: https://bit.ly/3RIYfa1