1. Affirmatively Furthering Fair Housing
Sacramento Region Affordable Housing Summit
October 30, 2017
Presented by Legal Services of Northern California
Adapted from National Housing Law Project materials

2. The Fair Housing Act of 1968 Purpose of the Fair Housing Act is to:
Provide for “fair housing throughout the United States.”
42 U.S.C.A. § 3601 (1968)
Prohibits discrimination in the sale or rental of housing based on:
Race
Color
National Origin
Religion
Sex
Familial Status
Disability

3. The Fair Housing Act of 1968
The Act also requires that HUD administer all of its programs:
“In a manner affirmatively to further the purposes” of the Act.
42 U.S.C.A § 3608(d) (1968)

4. AFFH RULE July 2015 - HUD regulations that:
Define Affirmatively Furthering Fair Housing
Mandate a new Fair Housing Planning Process for certain jurisdictions & public housing authorities

5. AFFH -Definition
More specifically, Affirmatively Furthering Fair Housing means:
Taking meaningful actions that taken together
Address significant disparities in housing needs and in access to opportunity
Replacing segregated living patterns with truly integrated and balanced living patterns
Transforming racially and ethnically concentrated areas of poverty into areas of opportunity
Affirmatively furthering fair housing means:
Taking 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 classes

6. AFFH - Planning Process
Assessment of Fair Housing (AFH) is a planning process and document that includes:
Robust community participation
Analysis of fair housing data
Assessment of fair housing issues and contributing factors
Identification of housing priorities and goals
24 C.F.R.§§ 5.152, 5.154

7. Assessment of Fair Housing (AFH)
Who Must Prepare an AFH?
States and jurisdictions required to submit a Consolidated Plan for CDBG, HOME, HOPWA and ESG programs
Public Housing Authorities
Who Reviews the AFH?
AFH is submitted to HUD for approval
Failure to submit to HUD can result in loss of funding

8. Sacramento Region AFH - Starting Now!
Largest AFH in nation – due to HUD October 2019
Sacramento County, Sacramento, Elk Grove, Citrus Heights, Ranco Cordova
West Sacramento, Woodland, Davis
Roseville, Rocklin
Housing Authorites: Sacramento City and County (SHRA), Yolo, Roseville

9. Sacramento Region AFH - Starting Now!
BBC Research & Consulting
Community participation starting in November
Look for AFH website, surveys, community meetings

10. AFH - Community Participation
To ensure meaningful community participation, local jurisdiction should “employ communications designed to reach the broadest audience.”
All community participation must be done in accordance with fair housing and civil rights laws
Accessible to people who are Limited English Speakers and people with disabilities.
24 C.F.R. § 5.158

11. AFH - Community Participation
HUD’s citizen participation requirements designed to especially encourage participation by:
Low and moderate-income people and residents of predominantly low and moderate income neighborhoods
Racial and ethnic minorities
Limited English Speakers
People with disabilities
24 C.F.R §

12. AFH - Community Participation
HUD requires at least 1 public meeting in jurisdiction during the development of the AFH (best practice is to have multiple meetings and opportunities to participate)
After AFH written, 30 day public comment period required
AFH must include summary of all comments received and when the comments or views not accepted in the AFH must explain why

13. AFH - Consultation Requirements
When developing the AFH the jurisdiction must also consult with:
Affordable housing developers
Health and social service agencies
Community based organizations that represent protected class members
Organizations that enforce fair housing laws
24 C.F.R. §

14. What must be in the AFH?
Assessment of past fair housing goals, actions and strategies
Analysis of fair housing issues in region
Fair housing goals and priorities

15. What must be in the AFH?
Assessment of past fair housing goals, actions and strategies
What fair housing goals did the community previously identify?
What actions / strategies were used to address these problems?
What were the outcomes of these actions / strategies?

16. What must be in the AFH? 2. Analysis of fair housing issues in region
Data
Specific issues required by regulation
Contributing factors
Data
Must use HUD provided data and mapping tools
Must also use local data
Must also use local knowledge
HUD data gaps: policing, crime and safety; health disparities; mortgage data and banking access; parks and rec opportunities
What fair housing issues must be analyzed in the AFH?
Segregation
Disparities in housing burdens (cost, overcrowding, substandard housing)
Disparities in exposure to poverty
Disparities in educational, employment and transportation opportunities
Access to housing for people with disabilities
Publicly assisted housing (location, occupancy, access to)
Fair Housing Enforcement
CONTRIBUTING FACTORS
What factors significantly create, contribute to, perpetuate or increase the fair housing issues identified in the data analysis?
Possible contributing factors:
Displacement of residents due to economic pressure
Lack of community revitalization strategies
Land use and zoning laws
Availability, type, frequency and reliability of public transportation
Source of income / voucher discrimination
Admissions and occupancy policies and procedures in assisted housing
Availability of housing that is affordable
Lack of public investment in certain neighborhoods
Access to financial services
Location of environmental hazards
Location of schools and school assignment policies

17. What must be in the AFH? 3. Fair housing goals and priorities
Identify goals to address the contributing factors (causes) of the identified fair housing problems
Goals should be specific enough to lead to meaningful results
Must include metrics and milestones to evaluate
Possible goals:
Displacement due to increasing rents / gentrification = rent control & just cause tenant protections
Disparity in access to affordable housing = local financial investment in building and preserving affordable housing
Disparities in access to healthy and safe housing = Proactive code enforcement policies
Underrepresentation of Limited Engligh Speakers in assisted housing = Implementation of Language Access Policies

18. Resources HUD’s Data and Mapping Tool:
HUD’s AFFH Website:

19. Contact Info
Laurance Lee & Sarah Steinheimer
Legal Services of Northern California