NCSHA 2016 Affirmatively Furthering Fair Housing George D. Williams,, Sr. Deputy Assistant Secretary

George D. Williams, Sr. Deputy Assistant Secretary Office of Policy, Legislative Initiatives and Outreach

Deputy Assistant Secretary Fair Housing Act Fair Housing Act of 1968, as amended, has two different approaches to creating fair housing choice: Enforcement actions for individual and systemic complaints of unlawful housing discrimination: Reactive and remedial Promoting residential integration to create fair housing choice Proactive and remedial George D. Williams,, Sr. Deputy Assistant Secretary

Affirmatively Furthering Fair Housing (AFFH) Proactive “meaningful actions” to: “overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity” George D. Williams,, Sr. Deputy Assistant Secretary

Deputy Assistant Secretary New AFFH Framework In 2011, HUD initiated the rulemaking process to propose a new and more effective approach for program participants to use to AFFH The new approach strengthens the process Assessment of Fair Housing (AFH) replaces Analysis of Impediments (AI) Creates Assessment Tools HUD provision of data and geospatial mapping HUD review for acceptance or non acceptance George D. Williams,, Sr. Deputy Assistant Secretary

Deputy Assistant Secretary AFH Requirements A summary of fair housing issues and capacity Analysis of data Assessment of fair housing issues Identifying and prioritizing contributing factors Establishing fair housing priorities and goals Specific and measurable strategies and actions Summary of community participation Review of progress achieved since submission of prior AFH or AI At a minimum, the AFH should include: A summary of fair housing issues and capacity Analysis of data Assessment of fair housing issues Identification of fair housing priorities and goals Strategies and actions Summary of community participation Review of progress achieved since submission of prior AFH (for each AFH submitted after the first AFH submission) We will talk more about each element in the next several slides. George D. Williams,, Sr. Deputy Assistant Secretary

Strategies and Actions A Balanced Approach Enhancing mobility strategies Encouraging development of new affordable housing in areas of opportunity Place-based strategies to encourage community revitalization Preservation of existing affordable housing Highest priority should be given to those factors that limit or deny fair housing choice or access to opportunity or that negatively impact fair housing or civil rights compliance Strategies and Actions Strategies and actions for achieving the goals should be included in the consolidated plans, Annual Action Plans, and PHA plans and need not be reflected in the AFH. This may include: Enhancing mobility strategies. Encouraging development of new affordable housing in areas of opportunity. Place-based strategies to encourage community revitalization. Preservation of existing affordable housing. The regulation also requires that the jurisdiction prioritize the factors and justify the prioritization of the factors that will be addressed. The highest priority should be given to those factors that limit or deny fair housing choice or access to opportunity or that negatively impact fair housing or civil rights compliance. It is supposed to be a deliberate, methodical process designed to identify issues and the factors that contribute to them. George D. Williams,, Sr. Deputy Assistant Secretary

Community Participation Program participants should engage in special outreach to local residents, particularly residents who historically have been marginalized, to encourage them to participate Speak with the agencies and organizations that serve the community’s housing needs The participation must be meaningful “A solicitation of views and recommendations from members of the community and other interested parties, a consideration of the views and recommendations received, and a process for incorporating such views and recommendations into decisions and outcomes” AFH must include a summary of the community participation process One of the most important aspects of the AFFH regulation is that participants must engage in community participation activities. Local residents always know their communities best. In many communities, local residents may not have been participants in the fair housing planning process before. Under the new AFFH regulation, program participants should engage in special outreach to local residents, particularly residents who historically have been marginalized, to encourage them to participate. Program participants should go into the local community to speak with the agencies and organizations that serve the community’s housing needs, such as fair housing centers and social service and affordable housing providers. Under the regulation, community participation means more than just holding a one-time meeting or publishing a solicitation for comments in the local newspaper. The participation must be meaningful. The regulation defines community participation as “a solicitation of views and recommendations from members of the community and other interested parties, a consideration of the views and recommendations received, and a process for incorporating such views and recommendations into decisions and outcomes.” The Assessment of Fair Housing completed by each program participant must include a summary of the community participation process, public comments, and efforts made to broaden community participation in the development of the AFH. It must also include a summary of any comments, views, and recommendations not accepted by the program participant and the reason for nonacceptance. As these requirements suggest, the community participation process is an important tool for guiding the identification of fair housing issues, goals, and priorities. George D. Williams,, Sr. Deputy Assistant Secretary

Deputy Assistant Secretary HUD Review of AFH HUD will review each AFH to determine whether the program participant has met the requirements Program participants will submit the AFH to HUD, which will have 60 days to accept Acceptance by HUD means that HUD has determined that the program participant has met the required elements of the rule Acceptance does NOT mean that the program participant has complied with its obligation to AFFH under the Fair Housing Act or has complied with other provisions of the Fair Housing Act or other applicable civil rights laws HUD’s Review of the Assessment of Fair Housing Under the new rule, HUD will review each AFH to determine whether the program participant has met the requirements for providing analysis, assessment, and goal setting. Program participants will submit the AFH to HUD, which will have 60 days to accept it. Under the rule, “acceptance” by HUD means that HUD has determined that the program participant has provided an AFH that meets the required elements set out by the rule. It does NOT mean that the program participant has complied with its obligation to AFFH under the Fair Housing Act or has complied with other provisions of the Fair Housing Act or other applicable civil rights laws. This is an important distinction because it means that an accepted AFH does NOT limit a program participant’s liability for noncompliance or make the program participant immune to civil action for violations of fair housing laws. George D. Williams,, Sr. Deputy Assistant Secretary

Additional information The entire Final AFFH Rule and other AFFH information and resources may be found at: HudExchange.Info/AFFH George D. Williams,, Sr. Deputy Assistant Secretary