On April 24, NACCED and the National Association of Counties (NACo) jointly submitted comments to the U.S. Department of Housing and Urban Development (HUD) regarding a proposed rule published for public feedback on February 9 that would implement the Affirmatively Furthering Fair Housing (AFFH) mandate. The AFFH, established by the 1968 Fair Housing Act, directs the government to promote fair housing choice, eliminate disparities in housing, and foster inclusive communities.

The proposed rule, which incorporates much of the framework of the 2015 AFFH rule, simplifies fair housing analysis that local governments, states, and public housing agencies are required to undertake. Program participants would need to submit an "equity plan" to HUD for approval every five years. Additionally, the proposed rule mandates that program participants integrate goals and strategies from their approved equity plans into subsequent planning documents, such as annual action plans and public housing agency plans (PHAs).

In our comments, NACCED and NACo emphasized incorporating progress reports for equity plans into existing HUD reporting structures and establishing equity plan guidelines concurrently with consolidated plans, annual action plans, and PHA plans to reduce the costs incurred by counties for staffing and consulting. Comments urged HUD to consolidate the requirements for public feedback in the proposed rule with the community outreach efforts grantees are already obligated to undertake, align equity plan data requirements with publically available resources, increase caps on administrative assistance and integrate language regarding protected classes into existing programs and reporting processes to strengthen fair housing objectives.

Submitted comments further recommended HUD tailor requirements for equity plans based on the size and capabilities of grantees, reevaluate the 60 required feedback questions for clarity and conciseness and include a safe harbor provision in the proposed rule to protect grantees who act in good faith to comply with fair housing initiatives. Additionally, they suggested HUD collaborate with grantees to develop a complaint and enforcement process.

NACCED maintains its commitment to decreasing obstacles to fair housing, increasing access to affordable housing opportunities, and collaborating with HUD to promote transparent, modernized and effective fair housing laws in order to achieve these critical goals.