2011 Analysis of Impediments

Analysis of Impediments (AI)

The 2011 Idaho Analysis of Impediments (AI) is a report commissioned by Idaho Housing and Finance Association and the Idaho Department of Commerce. Work on the analysis and the statewide stakeholder survey was performed by BBC Research and Consulting. The 2011 AI represents Idaho’s most comprehensive and robust study to date, and analyzes policies and procedures involving land-use, lending, investment patterns, and complaint data for the state of Idaho.

Where concerns or potential impediments are identified, best practices or action items are recommended to support state and local governments, housing providers and professionals as they work to increase diversity and reduce discrimination, disparate impact, and liability.

Please Note. The 2011 AI is based on point-in-time data available to researchers through late 2011. It is understood that:

  • Policies and procedures in place during this period are subject to change;
  • Data was assumed to be current and accurate at the time of collection; actual practices or policies should be independently verified prior to any formal action; and
  • County level data should not in any way be interpreted as reflecting policies or practices of housing providers, municipalities or other independent jurisdictions or organizations located within a county.

The purpose of this document is to identify and analyze available data in order to recommend best practices within the context of current law and perceived or potential impediments to fair housing. It is not intended to imply or affirm specific actions or omissions. Direct comments or questions to / TTD 800-545-1833 Ext.400. Para informacion en Español, por favor llame al 208-331-4716.

Note: The 2011 AI is no longer in effect or available for download; for the newest version, see below:

2017 Statewide Analysis of Impediments to Affirmatively Furthering Fair Housing/Assessment of Fair Housing

The U.S. Department of Housing and Urban Development is phasing out the Analysis of Impediments (AI) and replacing it with the Assessment of Fair Housing (AFH) model in the coming years. IHFA and Commerce commissioned a hybrid AI/AFH in early 2016. The final version of the document reflects a year-long data-gathering process involving key stakeholder interviews, statewide focus group discussions and a public comment period and public hearing.

View Document

The AI is required by the U.S. Department of Housing and Urban Development (HUD) for all jurisdictions that administer HUD funds involved in housing, community and economic development. The goal of the process is to evaluate the performance of communities and other HUD recipients to ensure that each is ‘affirmatively furthering fair housing’ as defined by HUD.

Why this matters (to the state of Idaho and its cities, counties and housing providers)
Recent court cases in Westchester County, NY and Boise County, ID should be a wake-up call for jurisdictions that administer or receive funds originating from HUD (CDBG, HOME and ESG funds, for example):

Westchester County, NY was prosecuted under the False Claims Act for administering federal $$s and [allegedly] falsely attesting thet they were ‘affirmatively furthering fair housing,’ despite evidence that minority populations and affordable housing investments were effectively concentrated in certain areas and excluded from others. The court ordered the county to pay $51.6 million to constructed 750 units of affordable housing marketed to minorities in predominantly white, affluent census tracts.

Boise County, ID was sued under the Fair Housing Act by the developer of Alamar Ranch, a proposed 72-bed residential treatment center for adolescent males. A subsequent jury trial alleged three separate violations of the FHA: (1) failure to make reasonable accommodations, (2) disparate treatment of the handicapped (3) and intentional interference with the construction of handicapped housing. The jury ruled in favor of Alamar Ranch on all counts and returned a verdict awarding $4 million in damages, one of the largest awards ever under the Fair Housing Act.

The 2011 Analysis of Impediments serves as a supplemental guide to those seeking information on potential barriers to fair housing and best practices to overcome those barriers.