The U.S. Department of Housing and Urban Development (HUD) took a major step towards rooting out longstanding inequities in housing and fostering inclusive communities by announcing the “Affirmatively Furthering Fair Housing (AFFH)" proposed rule. This proposed rule would implement the Fair Housing Act's affirmatively furthering fair housing mandate, which directs the government to promote fair housing choice, eliminate disparities in housing, and foster inclusive communities.

This proposed rule seeks to simplify the required fair housing analysis, emphasize goal-setting, increase transparency for public review and comment, foster local commitment to addressing fair housing issues, enhance HUD technical assistance to local communities, and provide mechanisms for regular program evaluation and greater accountability, among other changes.

The proposed rule contains a number of changes of particular note to the aging and disability community, including:

• incorporating the housing needs of people with disabilities into the definition of “affordable opportunities;”
• defining “fair housing choice” for persons with disabilities as providing “a realistic opportunity to obtain and maintain housing with accessibility features meeting the individual’s disability-related needs, housing provided in the most integrated setting appropriate to an individual’s needs, and housing where community assets are accessible to individuals with disabilities, including voluntary disability-related services that an individual needs to live in such housing;”
• requiring consultation with organizations that advocate on behalf of individuals with disabilities such as centers for independent living, protection & advocacy agencies, aging and disability resource centers, and councils on developmental disabilities as a part of the community engagement process jurisdictions must take as they develop their Equity Plans; and
• restores previous references to the Olmstead decision and the integration mandate of Section 504 of the Rehabilitation Act.

HUD seeks public comments on this proposed rule. The 60-day comment period will open once the proposed rule is published in the Federal Register. HUD has created a guide to submitting comments. ACL networks and stakeholders are encouraged to submit their views, comments, and recommendations.

Additional fair housing resources: review the Affirmatively Furthering Fair Housing (AFFH) Fact Sheet and Engaging the Disability Community in Fair Housing Planning Webinar Series.