AFFH Proposed Rule Published 2/9/23

HUD’s long-awaited Proposed Rule for Affirmatively Furthering Fair Housing (AFFH) was posted in the Federal Register February 9, 2023. This starts the clock ticking for the official 60-day Public Comment period that ends April 10, 2023.

To view the Proposed Rule, click here.

What is AFFH and what does the Proposed Rule mean? The AFFH provision was part of the original Fair Housing Act (FHA) of 1968, and its obligations extend to federal agencies administering housing and urban development programs. AFFH requires funding recipients to “take meaningful actions—in addition to combating discrimination—that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected classes.


Bipartisan Policy Center Deep Dive into the AFFH Proposed Rule


However, the federal government has long been criticized for failing to enforce FHA requirements or provide participants with meaningful guidance. This has allowed discriminatory practices and harm resulting from segregation, discrimination, and disinvestment based on protected class to persist in housing transactions, zoning laws and patterns of funding.

The broad, generational impacts of persistent and pervasive housing discrimination are clearly described in the short film ‘Segregated by Design.’ It contrasts de facto segregation—separation arising accidentally or through private discrimination—from de jure segregation, racially-explicit laws that keep people apart. AFFH represents our collective obligation to remedy or reverse the consequences of the resulting ‘unconstitutional residential landscape’ that has disadvantaged generations of people in protected classes.

The seven protected classes include:

  • Race
  • Color
  • National origin
  • Religion
  • Sex (including gender identity and sexual orientation per the Worden Memo)
  • Familial status (families with children under 18)
  • Disability

How AFFH relates to the FHA:

  • The FHA focuses on what is prohibited: discrimination in any housing transaction or “to make unavailable or deny” housing by any means.
  • AFFH is prescriptive; it requires federal funding recipients to take proactive and “meaningful actions” to address segregation and related barriers.

The AFFH Rule proposed in 2015 was meant to give teeth to the Fair Housing Act and address criticisms. To assist program participants, HUD created the AFFH-T, where the T refers to a customized Mapping Tool to streamline the data gathering and analysis process. The rule was subsequently rescinded in 2018, re-instated in 2021, and has undergone revisions in response to public comments. The updated AFFH provision introduces a modified version of the Assessment of Fair Housing (AFH) now referred to as an Equity Plan.

The Equity Plan—similar to the AFH or Analysis of Impediments (AI)—will be required every five years. Funding recipients with a current AI will have up to three years to begin work on their Equity Plan. With some variation based on the jurisdiction, the plan seeks to define and describe the following:

  • Demographics
  • Segregation and integration
  • Racially or ethnically concentrated areas of poverty (R/ECAPs)
  • Access to community assets
  • Access to affordable housing opportunities
  • Access to homeownership and economic opportunity
  • Policies and practices impacting fair housing

The planning process requires significant community engagement and an Equity Plan will be evaluated based on its ability to advance equity in housing, community development programs, and residents’ access to well-resourced areas, opportunity, and community assets.  Participants must identify and analyze fair housing data and issues, prioritize those issues, and commit to meaningful and measurable action to undertake fair housing goals.

Failure to take AFFH seriously to create or improve access to opportunities can result in additional HUD review, remediation, and in extreme cases, loss of federal funding. This ultimately harms local taxpayers, constituents and economies, and results in the loss of federal support for housing and community development (think rental assistance or housing development and support from Idaho Commerce) that benefits Idaho families, employers, businesses and communities.

Industry observations

In response to the previous administration’s move to rescind the AFFH, the CEO of the Local Initiatives Support Corporation (LISC) expressed concern in a July 27, 2020 statement: “At a moment in our country’s history where the need to dismantle structural racism and segregation is so clear and present, HUD’s decision to terminate the Affirmatively Furthering Fair Housing (AFFH) rule represents a giant and shocking step backwards. Eliminating the AFFH rule will hurt not just renters by limiting where they can afford to live, but all of our communities and Americans who benefit from a fairer, more inclusive society.”

In a January 23rd statement from National Low-Income Housing Coalition (NLIHC) President and CEO Diane Yentel, she makes clear that “…the 2015 AFFH regulation was an important step toward rectifying decades of racist housing policies that created today’s segregated neighborhoods and resulted in associated harm to children, families, and the country… More than ever, large-scale, sustained investments and anti-racist reforms are necessary to ensure that people with the lowest incomes have quality homes that are accessible and affordable in communities of their choice.”

The National Council of State Housing Agencies (NCSHA) is also supportive of the new rule. On behalf of its members, the organization states that “…central to our overriding vision of an affordably housed nation is the goal of removing fair housing obstacles that impede anyone from accessing the affordable housing of their choice.

Additional reference materials

Idaho Fair Housing Month Activities

“Fair Housing Month is a time to recommit to our nation’s obligation to ensure that everyone has equal access to safe, affordable housing,” —HUD Secretary Marcia L. Fudge.

Idaho Fair Housing Forum members have long coordinated training and special events during Fair Housing Month, and 2021 is no different!

April 5 – Racism in Land Use discussing history, maps and redlining, restrictive deeds and CC&Rs, and FHA protections (hosted by the University of Idaho and the Intermountain Fair Housing Council). Learn more or register here.

April 6 – Basics of Fair Housing.* Attorney David Penny with Tomlinson & Associates provides an overview of the Fair Act and its implications for housing professionals in this online, 75-minute presentation.

April 13 – Fair Housing: Real Estate Focus.* Attorney David Penny with Tomlinson & Associates presents fair housing information for Real Estate Professionals in this online, 75-minute presentation.

April 20 – Fair Housing for Transitional Housing and Shelter Providers.* Attorney Eric Steven of Eric Steven Law Office in Spokane describes the unique challenges and best practices for those assisting unhoused populations.

April 27 – Limited English Proficiency Basics for Federally Assisted Programs and Services.* Gary Hanes of Gary E. Hanes & Associates, LLC will outline what managers of federally assisted programs—particularly assisted housing—should consider as they work to address clients, tenants or stakeholders with limited English proficiency, or LEP.


View IHFA’s 2021 Fair Housing Videos here.*

Request IHFA Fair Housing Outreach Materials here.*

See HUD’s 2021 Fair Housing Month statements here.

*The work that provided the basis for these publications and training was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government.

Sexual Harassment Complaint Filed Against NJ Property Owner

Department of Justice Files Sexual Harassment Complaint Against Owner of Rental Property in New Jersey | August 5, 2020

“No one should ever be forced to provide sexual favors, or otherwise endure sexual harassment, as a condition to keep or obtain housing,” U.S. Attorney Craig Carpenito said. “Sexual harassment in housing is illegal under the Fair Housing Act, and we will vigorously enforce this federal law to end this depraved type of behavior.”

“The Fair Housing Act protects the right of all persons in our nation to rent a home without suffering sexual exploitation at the hands of abusive landlords. Demanding sexual favors from tenants, especially those who are financially vulnerable, is illegal,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “The Fair Housing Act protects tenants from sexual harassment and retaliation by their landlords, and the Justice Department will hold accountable those who engage in such cruel, depraved, and illegal conduct and will work tirelessly to obtain relief for their victims.”

Read the full article here.

Great Turnout for March 14 Design and Construction Training with Doug Anderson

With 165 confirmed participants in the Boise City Council Chambers—and dozens more following via webcast—we’re very happy with the attendance for this year’s Design and Construction Training. We want to thank the City of Boise and our Fair Housing Forum partners around Idaho for helping us deliver this important training to those who can use it.

The Boise venue drew a large percentage of architects, with additional representation from the building and development industry, and even a civil engineer!

Trainer Doug Anderson with LCM Architects brings decades of experience relative to the creation and implementation of Fair Housing and Access regulations. Prior to his work with LCM, Doug served on the U.S. Access Board, the federal agency responsible for developing guidelines under the Americans with Disabilities Act (ADA) from 2003 to 2011. He chaired the Board from 2009 to 2010.

The Idaho training is one of ten nationwide events sponsored by HUD during Spring of 2017, and organized by Fair Housing Accessibility FIRST, an initiative promoting compliance with the Fair Housing Act design and construction requirements. The program offers comprehensive and detailed instruction programs, useful online web resources, and a toll-free information line for technical guidance and support.