InfoBytes Blog
HUD releases ANPR on Affirmatively Furthering Fair Housing regulations
On August 13, HUD announced an advance notice of proposed rulemaking (ANPR) seeking comment on potential amendments to its 2015 Affirmatively Furthering Fair Housing (AFFH) regulations. As previously covered by InfoBytes, AFFH was aimed at helping communities who receive HUD funding meet their fair housing obligations to provide affordable housing in more communities; however, HUD now states that the rule “proved ineffective, highly prescriptive, and effectively discouraged the production of affordable housing.” The ANPR requests public comment on changes that will, among other things, (i) minimize regulatory burden; (ii) create a process focused on accomplishing positive results; (iii) provide for greater local control; (iv) encourage actions that will increase housing choice; and (v) efficiently utilize HUD resources. The ANPR also details a list of substantive questions HUD is interested in commenters responding to, including “[w]hat type of community participation and consultation should program participants undertake in fulfilling their AFFH obligations?” and “[h]ow should HUD evaluate the AFFH efforts of program participants?” Comments on the ANPR must be received by October 15.