HUD has released an advanced notice of a proposed rulemaking to enhance and streamline HUD’s Affirmatively Furthering Fair Housing regulations. The regulation is scheduled for publication in the Federal Register on August 16.

The changes seek to:

  1. Minimize regulatory burden
  2. Create a process focused on accomplishing positive results rather than performing analysis of community characteristics
  3. Provide for greater local control and innovation
  4. Seeks to encourage actions that increase housing choice, including creating greater housing supply
  5. Efficiently utilize HUD’s resources

The notice poses 8 questions that HUD is specifically interested in hearing about from stakeholders.

The 2015 AFFH rule requires local governments that receive HUD funding to examine patterns of segregation and set fair housing priorities and goals by conducting an Assessment of Fair Housing (AFH). In January, HUD suspended the AFH process until 2020 and announced that it would use the time to make improvements to the rule. HUD’s recent notice seeks public comment on changes to AFFH that would: minimize regulatory burden while more effectively aiding program participants to meet their statutory obligations; create a process focused primarily on accomplishing positive results, rather than analysis; provide for greater local control and innovation; seek to encourage actions that increase housing choice, including through greater housing supply; and more efficiently utilize HUD resources.