On August 17, 2015, the United States Department of Housing and Urban Development (“HUD”) adopted the Final Affirmatively Furthering Fair Housing Rule (“AFFH” or “the rule”). The AFFH rule requires Government entities that are HUD program participants* to take “meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.”

The rule replaces the Analysis of Impediments (“AI”) to Fair Housing Choice with a new Assessment of Fair Housing (“AFH”) tool. The AFH Tool uses HUD-generated data, and a significant community participation process, to identify four main areas:
–    Racially and ethnically concentrated areas of poverty
–    Patterns of integration and segregation
–    Disparities in access to opportunity; and
–    Disproportionate housing needs

With the information generated through the AFH tool and AFFH, Government entities that receive these funds are responsible for:
–    Identifying fair housing issues and contributing factors
–    Assigning priorities to contributing factors
–    Setting goals for overcoming prioritized contributing factors
–    Maintaining records of progress in achieving goals

For more information on the AFFH rule, visit the HUD Exchange at: https://www.hudexchange.info/programs/affh/.

*The AFFH rule governs what block grant recipients of HUD CPD funds and Public Housing Authorities funded under 42 U.S.C. §1437e must do to affirmatively further fair housing and the tool by which they can identify those steps. AFFH applies to all HUD program participants, which include public housing authorities (“PHAs”) and cities and counties receiving Community Development Block Grant Program, Emergency Solutions Grant Program, HOME Program, or Housing Opportunities for Persons with AIDS Program. The Office of Community Planning and Development is a division of HUD.

The Texas Workforce Commission (“TWC”) is responsible for enforcing the state and federal Fair Housing Acts in the State of Texas. For more information or to file a discrimination complaint, please contact TWC’s Civil Rights Division (“TWCCRD”) at 888-452-4778/512-463-2642 or visit TWCCRD online at http://www.twc.state.tx.us/partners/civil-rights-discrimination.