AFFH Tag Archives

House Passes FY 2021 HUD Appropriations

Last week the House passed H.R. 7617, which provides fiscal year (FY) 2021 funding for six appropriations subcommittees, including HUD. The House bill is expected to provide adequate appropriations to renew existing Housing Choice Vouchers and Project-Based Rental Assistance, and provides increases for most programs, including the Community Development Block Grants, HOME Investment Partnerships Program (HOME), Section 202 and Section 811, which would also receive additional funding through emergency infrastructure investments. The bill also contains two amendments that would block the Trump Administration’s recent regulatory action on the Disparate Impact Rule and the Affirmatively Furthering Fair Housing (AFFH).

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HUD Terminates Obama Administration AFFH Rule

HUD released a new final rule, Preserving Community and Neighborhood Choice, which would replace the Obama Administration’s Affirmatively Furthering Fair Housing (AFFH) rule. Under the new rule, a federal grantee would be required to certify that it has affirmatively furthered fair housing. The final rule has yet to be officially published in the Federal Register. Comments are due 30 days after publication.

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HUD Publishes Proposed AFFH Rule

This week, HUD released a proposed rule on Affirmatively Furthering Fair Housing (AHHF) that would dramatically alter the Obama administration’s final rule published in 2015. The rule changes the definition of AFFH and eliminates the community participation and engagement requirement as well as the requirement that federal grantees complete an analysis of impediments to fair housing. Comments on the proposed rule are due 60 days after its publication in the Federal Register.

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New, Leaked Disparate Impact Standard from HUD

HUD’s forthcoming Notice of Proposed Rulemaking regarding the Discriminatory Effects Standard was recently leaked to Politico. HUD claims that the proposed rule will bring its disparate impact standard in line with the 2015 Supreme Court ruling in Texas Department of Housing and Community Affairs v. Inclusive Community Project, Inc. The leaked notice of proposed rulemaking builds upon the Supreme Court’s ruling and proposes five steps for plaintiffs to bring a disparate impact claim.

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