Policy Snapshot Ava Finn

AFFH
Purpose and Scope:
AFFH (Affirmatively Furthering Fair Housing) is the federal requirement stemming from the
1968 Fair Housing Act (FHA) to meaningfully pursue rectification of “disparities in housing
needs and access to opportunity”.¹ The language “affirmatively further” is original to the 1968
FHA,² but no enforcement measures were included, leading to the continuation of discriminatory
practices and neighborhood segregation into the following decades. In response to this inefficacy,
the AFFH rule was implemented to require HUD and its grantees to analyze, record, and address
the legacies of discrimination in housing and differential access to opportunity as a result of
neighborhood segregation. Protected classes of the legislation include: race, color, national
origin, religion, sex, familial status, and disability.³ The AFFH mandate applies to HUD and all
bodies receiving HUD grants. These recipients include local and state governments in addition to
insular areas and Public Housing Authorities.⁴

Design:
The core tenets of the AFFH include 1) analysis of challenges, 2) inclusion of community
stakeholders, 3) outlining of goals and strategies, and 4) provision of resources by HUD.
However, the mandate has seen much development over its lifespan. In the 1990s, the first
iteration of the barrier analysis was coined as the “Analysis of Impediments” (AI).⁴ HUD did not,
at the time, provide any resources or incentives to complete the AI nor did it require a timeframe
of implementation, and as a result the requirement was largely ineffective.⁴ The 2015 revision of
AFFH addressed these shortcomings, replacing the AI with the Assessment of Fair Housing
(AFH) framework, narrowing foci to the following: summary of capacity, data analysis,
assessment of issues, identification of priorities, summary of efforts, and review of progress.⁴
2015 changes also introduced a geospatial data tool to aid grantees in this process and increase
feasibility of AFH completion.⁵ The AFH must be submitted every 5 years in the Consolidated
Plan for certification.⁵ 2023 refinements to the AFFH re-termed the AFH the “Equity Plan”,
expanding requirements of community engagement and public transparency in its development.⁵

Benefits:
AFFH in its current state is lauded for its recognition that banning discrimination is an
insufficient measure for establishing equal opportunity and addressing particularly racial
neighborhood segregation.⁶ It is also well-received because of its allowance of locally driven
solutions even through a federal mechanism.⁶ Similarly, the AFFH importantly promotes
community engagement and stakeholder inclusion in policy goals.⁶

Drawbacks:
Concerns of AFH/Equity Plan quality are pervasive considering that HUD must review hundreds
per year and only has 60 days upon receiving an AFH before it is automatically accepted.⁷ There
is also pushback regarding the flexibility of goal-setting and lack of independent review of
barriers, highlighting potential failure to truly advance housing equity.⁷
Policy Snapshot Ava Finn

Notes while presenting:

● Another drawback: lots of concerns about political fragility
○ Strengthened by Obama, torn down by Trump, reinstated and changed with Biden
■ Hard to make real progress
○ Flexibility concerns equity advocates for localities averse to implementing
■ Analysis is up to them, arguments for independent assessments
● On the other hand, local approaches can be helpful for specific
contexts and issues
● Obama: specific focus on racial discrimination legacy
● Keep in mind: relationship between opportunity and neighborhood in ADDITION to
housing
● FHA = discrimination is illegal AFFH = need to be actively addressing legacies of
discrimination; offers teeth to the idea
● Some examples of AFFH goals/programs:
○ Keep in mind: doesn’t have to be city level; many project variations
○ Seattle: SHA partnership with Seattle Public Schools to provide resources to
students living in public housing + unhoused students
○ Philadelphia: acquiring land in rapidly appreciating areas to develop affordable
housing
○ Kansas City: 4M to improve conditions of older houses/rentals
Policy Snapshot Ava Finn

¹“Affirmatively Furthering Fair Housing.” Regulations.Gov, 2020,

www.regulations.gov/document/HUD-2020-0011-0001.
² von Hoffman, Alexander. “Affirmatively Furthering Fair Housing: The Rule Is Back, but Can It Make a
Difference?” Affirmatively Furthering Fair Housing: The Rule Is Back, but Can It Make a Difference? | Joint Center
for Housing Studies, 14 Apr. 2021,
www.jchs.harvard.edu/blog/affirmatively-furthering-fair-housing-rule-back-can-it-make-difference.
³ “Affirmatively Furthering Fair Housing.” HUD.Gov / U.S. Department of Housing and Urban Development
(HUD), www.hud.gov/AFFH. Accessed 8 May 2023.
⁴Bostic, Raphael, and Arthur Acolin. “The Potential for HUD’s Affirmatively Furthering Fair Housing Rule to
Meaningfully Increase Inclusion.” Harvard.
⁵“HUD FACT SHEET AND FAQ: Affirmatively Furthering Fair Housing, Notice of Proposed Rulemaking.” HUD,
2023.
⁶“Understanding AFFH: What It Is and How Does It Work?: Alliance for Housing Justice: Alliance for Housing
Justice.” Alliance for Housing Justice, 20 Apr. 2023, www.allianceforhousingjustice.org/post/understanding-affh.
⁷Immergluck, Dan. “The Devils in the Details: Key Issues in Implementing the New AFFH Rule.” Shelterforce, 1
June 2017, shelterforce.org/2016/07/05/the-devils-in-the-details-key-issues-in-implementing-the-new-affh-rule/.