HUD Proposes New ‘Affirmatively Furthering Fair Housing’ Rule

Codes and Standards
Published

HUD announced a new proposed Affirmatively Furthering Fair Housing (AFFH) rule this week that represents a significant departure from the Obama-era final rule released in 2015.

Under the 20415 AFFH rule, as a condition of receiving certain HUD funds, state and local governments and public housing agencies (PHAs) must work to identify barriers to fair housing choice, ensure that their practices and policies do not promote racial segregation, and complete costly, administratively burdensome Assessment of Fair Housing plans.

In a press release, HUD said that the 2015 AFFH rule was “ineffective, highly prescriptive and effectively discouraged the production of affordable housing.”

The new AFFH rule is intended to relieve the heavy administrative burdens on program participants. HUD is revising the onerous reporting requirements and codified language of the 2015 regulation. The new rule also considers the supply and quality of affordable housing in a jurisdiction.

Key elements of HUD’s proposed new AFFH rule:
  • Requires jurisdictions to identify three fair housing obstacles/goals within their control that they will address over five years as part of their AFFH certifications;
  • Ranks jurisdictions based on metrics;
  • Fully incorporates AFFH into jurisdictions' Consolidated Plans and require jurisdictions to report progress through their annual plans;
  • Allows, but does not require, jurisdictions to make changes to zoning or land-use policies as one method of complying with their AFFH obligation;
  • Eliminates the costly and burdensome Assessment of Fair report; and
  • Requires PHAs to participate in the development of a consolidated plan process and file their AFFH certifications.

The proposal also substantially revises the definition of AFFH.

The current regulation defines AFFH as “taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.”

HUD proposes changing the definition of AFFH to “advancing fair housing choice within the program participant’s control or influence.”

Comments on the proposal are due 60 days after it is published in the Federal Register.

For more information, contact Michelle Kitchen at 800-368-5242 x8352.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Membership | Advocacy | Leadership Meetings
Aug 12, 2026
Chairman's Update: What the Industry Pulse Check Told Us About Our Federation

In his August update, 2026 NAHB Chairman Bill Owens spotlights the feedback received through NAHB’s Industry Pulse Check and next steps on the 21st Century ROAD to Housing Act implementation.

Workforce Development | National Housing Endowment
Aug 12, 2026
New NHE-Funded Tool Maps Training Opportunities Nationwide

ConstructionSkillsMap.org, a new nationwide tool funded by the National Housing Endowment, makes it easier to find skilled trades training opportunities in communities across the country.

View all

Latest Economic News

Economics
Aug 13, 2026
Building Material Prices Show Growth In July

Residential building material prices, excluding energy, rose 0.4% in July and were up 5.0% from a year ago. Energy prices fell again in July but remained significantly higher than a year ago. Meanwhile, prices for services were down 0.3% over the month but were 6.2% higher than a year ago.

Economics
Aug 13, 2026
Homeownership Rate Edges Down to 65%

The latest homeownership rate declined to 65% in the second quarter of 2026, according to the Census’s Housing Vacancy Survey (HVS). The homeownership rate was unchanged from a year ago, and not statistically different than the rate in the first quarter of the year (65.3%).

Economics
Aug 12, 2026
Inflation Eased Slightly in July

Led by declines in gasoline and diesel prices, inflation eased for the second consecutive month after reaching a three-year high in May. As energy prices moderated, shelter resumed its role as the largest driver of headline inflation, accounting for one-third of the annual increase and over two-thirds of the monthly increase.