CHAPA Submits Comments to HUD Defending Fair Housing Rule

CHAPA submitted a letter to the U.S. Department of Housing and Urban Development (HUD) in defense of the Obama-era Affirmatively Furthering Fair Housing (AFFH) rule, promulgated in 2015. The rule was the culmination of a five-year process that, for the first time, put in place requirements for local jurisdictions to participate in community engagement, data analysis, and work with HUD to create plans that promote fair housing.

Under the AFFH rule, localities receiving certain HUD funding were required to conduct and submit an "Assessment of Fair Housing" using a federally provided tool. The rationale behind the rule was to give communities an effective planning approach to "aid them in making meaningful actions to overcome historic patterns of segregation, promote fair housing choice, and foster inclusive communities that are free from discrimination." HUD has since withdrawn the tool and directed jurisdictions to revert to prior HUD guidance.

On August 16, HUD published an Advanced Notice of Proposed Rulemaking inviting public comment on amending the AFFH rule. The CHAPA letter focuses on two specific questions from HUD: 1) "are there any revisions to the current AFFH regulations that could help further the policies of the Fair Housing Act?; and 2) "What type of community participation and consultation should program participants undertake in fulfilling AFFH obligations?"

Click here to read the CHAPA comment letter.