New AFFH Rule Takes Effect  

In July, HUD published on its website a final rule titled “Preserving Community and Neighborhood Choice.” This rule, which went into effect on September 8, implements the Fair Housing Act’s duty to affirmatively further fair housing (AFFH) and changes the definition of affirmatively furthering fair housing. First, it broadens the definition of fair housing to mean “housing that, among other attributes, is affordable, safe, decent, free of unlawful discrimination, and accessible as required under civil rights laws.” Second, it defines the phrase “affirmatively further” as “any action rationally related to promoting any attribute or attributes of fair housing.” In essence, these changes broaden the term affirmatively furthering fair housing to make it an easier requirement to meet.