[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23927-23928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11145]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5173-N-18]


Affirmatively Furthering Fair Housing (AFFH): Responsibility To 
Conduct Analysis of Impediments

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Notice.

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SUMMARY: By notice published elsewhere in today's Federal Register, HUD 
has withdrawn the current version of the information collection device 
used by local government program participants to assess fair housing 
issues as part of their planning for use of housing and community 
development block grants. The device is referred to as the Local 
Government Assessment Tool; the resulting assessment is referred to as 
an Assessment of Fair Housing (AFH). As explained in that notice, the 
withdrawal of the lack of a working information collection device means 
that a program participant that has not yet submitted an AFH using that 
device that has been accepted by HUD must continue to carry out its 
duty to affirmatively further fair housing by, inter alia, continuing 
to assess fair housing issues as part of planning for use of housing 
and community development block grants in accordance with pre-existing 
requirements. The pre-existing requirements referred to the fair 
housing assessment as an ``analysis of impediments to fair housing 
choice'' (AI). This notice reminds program participants of the 
requirements and standards for completing the AI.

DATES: Applicability Date: May 23, 2018.

FOR FURTHER INFORMATION CONTACT: Krista Mills, Deputy Assistant 
Secretary, Office of Policy, Legislative Initiatives, and Outreach, 
Office Fair Housing and Equal Opportunity, Department of Housing and 
Urban Development, 451 7th Street SW, Room 5246, Washington, DC 20410; 
telephone number 202-402-6577. Individuals with hearing or speech 
impediments may access this number via TTY by calling the toll-free 
Federal Relay Service during working hours at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: On July 16, 2015, HUD published in the 
Federal Register its Affirmatively Furthering Fair Housing (AFFH) final 
rule.\1\ The AFFH final rule provides HUD program participants with a 
revised planning approach to assist them in meeting their legal 
obligation to affirmatively further fair housing. To assist HUD program 
participants in meeting this obligation, the AFFH rule provides that 
program participants must conduct an Assessment of Fair Housing (AFH) 
using an ``Assessment Tool.'' The AFFH regulations are codified in 24 
CFR part 5, subpart A (Sec. Sec.  5.150-5.168).
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    \1\ 80 FR 42357.
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    Through notice published elsewhere in today's Federal Register, HUD 
announces its withdrawal of the Local Government Assessment Tool (OMB 
Control No: 2529-0054). As explained in that notice, the AFFH 
regulations at 24 CFR 5.160(a)(1)(ii) provide that if the specified AFH 
submission deadline results in a submission date that is less than 9 
months after the Assessment Tool designed for the relevant type of 
program participant is available for use, ``the participant(s)' 
submission deadline will be extended . . . to a date that will be not 
less than 9 months from the date of publication of the Assessment 
Tool.'' As a result of the withdrawal of the Local Government 
Assessment Tool and the lack of available HUD data for the PHA 
Assessment Tool, currently no type of program participant has an 
Assessment Tool available for use.\2\ Pursuant to 24 CFR 
5.160(a)(1)(ii), the deadline for local government program participants 
to submit a first AFH is thus extended to a date not less than 9 months 
following the future publication of a revised and approved Local 
Government Assessment Tool.
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    \2\ See 82 FR 4373.
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    In the meantime, as explained in the notice withdrawing the Local 
Government Assessment Tool, Consolidated Plan program participants that 
have not yet submitted an assessment using a HUD-provided assessment 
tool that must be accepted, must nonetheless continue to comply with 
existing, ongoing legal obligations to affirmatively further fair 
housing. Congress has repeatedly reinforced this mandate, requiring in 
the Housing and Community Development Act of 1974 and the Cranston-
Gonzalez National Affordable Housing Act, for example, that covered HUD 
program participants certify, as a condition of receiving Federal 
funds, that they will affirmatively further fair housing.\3\ Pursuant 
to 24 CFR 5.160(a)(3), until a Consolidated Plan program participant 
submits its first accepted AFH, it will continue to provide the AFFH 
certification with its Consolidated Plan, in accordance with the 
requirements that existed prior to August 17, 2015.\4\ Those 
requirements obligate a program participant to certify that it will 
affirmatively further fair housing, which means that it will conduct an 
analysis of impediments (AI) to fair housing choice within the 
jurisdiction, take appropriate actions to overcome the effects of any 
impediments identified through that analysis, and maintain records 
reflecting the analysis and actions.
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    \3\ See, e.g., 42 U.S.C. 5304(b)(2), 5306(d)(7)(B), 
12705(b)(15).
    \4\ See, e.g., 24 CFR 91.225(a)(1) (2014); 24 CFR 91.325(a)(1) 
(2014).
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    Program participants are hereby reminded that the legal obligation 
to affirmatively further fair housing remains in effect, and that HUD 
places a high priority upon the responsibility of program participants 
to ensure that their AIs serve as effective fair housing planning 
tools. For Consolidated Plan program participants that are starting a 
new 3-5-year Consolidated Plan cycle that begins before their due date 
for an AFH, the AI should continue to be updated in accordance with the 
HUD Fair Housing Planning Guide (1996).\5\ The data HUD has developed 
in order to implement the AFFH rule will remain available for program 
participants to use in conducting their AIs. HUD encourages program 
participants to collaborate to develop a regional AI, as regional 
collaborations provide an opportunity for program participants to share 
resources and address fair housing issues that cross jurisdictional 
boundaries.\6\
    Further, program participants are hereby reminded that if HUD 
believes the AI or actions taken to affirmatively further fair housing 
to be inadequate, HUD may require submission of the full AI and other 
documentation. If HUD concludes that the AI is substantially 
incomplete, or the actions taken were plainly inappropriate to address 
the identified impediments, HUD may

[[Page 23928]]

question the jurisdiction's AFFH certification by providing notice to 
the jurisdiction that HUD believes the AFFH certification to be 
inaccurate and provide the jurisdiction an opportunity to comment. If, 
after the notice and opportunity to comment is given to the 
jurisdiction, HUD determines that the AFFH certification is inaccurate, 
HUD will reject the certification. Rejection of the certification 
renders the Consolidated Plan substantially incomplete and constitutes 
grounds for HUD to disapprove the Consolidated Plan as submitted.\7\ A 
jurisdiction cannot receive its Community Development Block Grants 
(CDBG), HOME, Emergency Solutions Grants (ESG), or Housing for Persons 
With AIDs (HOPWA) program grants until the Consolidated Plan is 
approved.
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    \5\ Available at https://www.hud.gov/sites/documents/FHPG.PDF.
    \6\ Please refer to HUD's 2017 interim guidance for additional 
information on collaboration, specifically the Q&A captioned: ``How 
can States Collaborate with Local Governments or PHAs?''. The 
guidance is available at: https://www.hudexchange.info/resources/documents/Interim-Guidance-for-Program-Participants-on-Status-of-Assessment-Tools-and-Submission-Options.pdf. This guidance is 
generally applicable to all types of program participants.
    \7\ See 24 CFR 91.500.

    Dated: May 18, 2018.
Anna Maria Far[iacute]as,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 2018-11145 Filed 5-21-18; 4:15 pm]
 BILLING CODE 4210-67-P