Understanding HUD’s extension of the AFH submission deadline

January 5, 2018

In today’s Federal Register for January 5, 2018, HUD published a notice extending the deadline for AFH submissions by local government consolidated plan participants to their next AFH submission date that falls after October 31, 2020.

What does this mean for participants?

First, although HUD will accept public comment on this action through March 6, 2018, the extension becomes applicable today. HUD has announced the extension due to the identified need to provide training to participants based on the higher-than-anticipated rate of non-acceptance decisions issued by HUD on the first 49 AFH submitters. HUD also acknowledged its own staff requires training on how to review AFH documents.

Second, although the AFH is not being required until a later date, participants are still required to affirmatively further fair housing (AFFH). This requirement obligates participants to annually certify that they will AFFH. In order to demonstrate to HUD that a participant has met the AFFH obligation, it must prepare an Analysis of Impediments to Fair Housing Choice (AI), take appropriate actions to eliminate impediments identified through the AI, and maintain records demonstrating actions taken and progress achieved. If a participant does not conduct an AI, it may be at risk of non-compliance when the participant signs its annual AFFH certification.

Third, the notice informs participants that the AFH Assessment Tool and the HUD-provided data and mapping tool remain resources that can be used to update AIs. For participants that have already initiated an AFH, they may continue to complete it as the AFFH rule provides a useful framework for complying with the AFFH obligation.

Finally, the extension means that the AFH will become due with a participant’s next three-year or five-year consolidated plan beginning on August 1, 2021 and later.

M&L can answer your questions.

Regardless of where you are in the AFH planning process, our professionals can offer guidance. Whether you’ve received your AFH acceptance letter from HUD or you’re just beginning to think about starting the AFH planning process, give us a call at (412) 323-1950 to discuss your options. We’re ready to assist you.

Bill Wasielewski, AICP, Principal: billw@mandl.net

Marjorie Willow, AICP, Principal: marjoriew@mandl.net

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