Rule2025-03360
Affirmatively Furthering Fair Housing Revisions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 3, 2025
Effective
April 2, 2025
Issuing agencies
Housing and Urban Development Department
Abstract
This interim final rule revises HUD's regulation governing the Fair Housing Act's mandate that the Secretary administer HUD's program and activities in a manner that affirmatively furthers fair housing. This interim final rule returns to the original understanding of what the statutory AFFH certification was prior to 1994--a general commitment that grantees will take active steps to promote fair housing. Grantee AFFH certifications will be deemed sufficient provided they took any action during the relevant period rationally related to promoting fair housing, such as helping eliminate housing discrimination. This interim final rule does not, however, reinstate the obligation to conduct an Analysis of Impediments or mandate any specific fair housing planning mechanism; program participants must continue to affirmatively further fair housing as and to the extent required by the Fair Housing Act.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 40 (Monday, March 3, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 40 (Monday, March 3, 2025)]
[Rules and Regulations]
[Pages 11020-11025]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03360]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 5, 91, 92, 570, 574, 576, and 903
[Docket No. FR-6519-I-01]
RIN 2529-AB08
Affirmatively Furthering Fair Housing Revisions
AGENCY: Office of the Secretary, U.S. Department of Housing and Urban
Development (HUD).
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim final rule revises HUD's regulation governing the
Fair Housing Act's mandate that the Secretary administer HUD's program
and activities in a manner that affirmatively furthers fair housing.
This interim final rule returns to the original understanding of what
the statutory AFFH certification was prior to 1994--a general
commitment that grantees will take active steps to promote fair
housing. Grantee AFFH certifications will be deemed sufficient provided
they took any action during the relevant period rationally related to
promoting fair housing, such as helping eliminate housing
discrimination. This interim final rule does not, however, reinstate
the obligation to conduct an Analysis of Impediments or mandate any
specific fair housing planning mechanism; program participants must
continue to affirmatively further fair housing as and to the extent
required by the Fair Housing Act.
DATES:
Effective date: April 2, 2025.
Comment due date: May 2, 2025.
[[Page 11021]]
ADDRESSES: Interested persons are invited to submit comments regarding
this rule. All submissions must refer to the docket number and title.
There are two methods for submitting public comments.
1. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">http://www.regulations.gov</a>.
2. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW, Room 10276,
Washington, DC 20410-0500.
FOR FURTHER INFORMATION CONTACT: Andrew Hughes, Chief of Staff, or
Brian Miller, Acting General Counsel, U.S. Department of Housing and
Urban Development, 451 7th Street SW, Washington, DC 20410; telephone
number 202-402-2244 (this is not a toll-free number). HUD welcomes and
is prepared to receive calls from individuals who are deaf or hard of
hearing, as well as individuals with speech or communication
disabilities. To learn more about how to make an accessible telephone
call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION:
I. Background
History of AFFH Rulemaking
In 1994, HUD promulgated a rule dictating that a grantee would
fulfill its AFFH obligation by conducting an analysis of ``impediments
to fair housing choice within its jurisdiction'' and ``taking
appropriate actions to overcome the effects of any impediments.'' \1\
In 1996, HUD issued a 170-page guidance document titled, ``HUD Fair
Housing Planning Gude'' to explain further the meaning of the four-word
phrase ``affirmatively further fair housing.''
---------------------------------------------------------------------------
\1\ See <a href="https://www.federalregister.gov/documents/1994/08/05/94-18705/consolidated-submission-for-community-planning-and-development-program">https://www.federalregister.gov/documents/1994/08/05/94-18705/consolidated-submission-for-community-planning-and-development-program</a>.
---------------------------------------------------------------------------
On July 16, 2015, at 80 FR 42357, HUD published in the Federal
Register HUD's Affirmatively Furthering Fair Housing (AFFH) final rule.
The 2015 final rule required HUD program participants to undertake an
expansive new approach for planning for fair housing outcomes
consistent with the Obama Administration's vision of centralized
direction of community planning, purporting to act under the statutory
obligation to affirmatively further fair housing under the Fair Housing
Act, 42 U.S.C. 3608. Ostensibly to assist HUD program participants in
meeting this obligation, the 2015 final rule required program
participants to conduct an Assessment of Fair Housing (``AFH'') using
an ``Assessment Tool.'' HUD's 2015 final rule provided for a staggered
AFH submission deadline for its program participants. HUD issued a
Federal Register notice extending those deadlines for consolidated plan
program participants on January 5, 2018 (83 FR 683).
HUD subsequently published three Federal Register notices on May
23, 2018, one of which withdrew the Assessment Tool for Local
Governments, the only HUD-provided Assessment Tool then available for
program participants to use when conducting an AFH (83 FR 23922). As
explained in a second Federal Register notice published the same day,
HUD directed all program participants who had not yet completed an AFH
that they would continue to be required to conduct an ``Analysis of
Impediments'' (AI) under previously issued sub-regulatory guidance (83
FR 23927). The third Federal Register notice withdrew the notice
extending the submission deadline for an Assessment of Fair Housing
(AFH) by local government consolidated plan program participants (83 FR
23928). HUD published a proposed rule on January 14, 2020 (85 FR 2041),
to repeal and replace the 2015 final rule. On August 7, 2020, at 85 FR
47899, HUD withdrew that proposed rule and instead promulgated a final
rule (Preserving Community and Neighborhood Choice (``PCNC'')), which
repealed the 2015 final rule. The 2020 PCNC final rule thus eliminated
substantial regulatory burdens on program participants and simplified
the definition of the AFFH obligation to which funding recipients must
certify.
On June 10, 2021 (86 FR 30779), HUD withdrew the 2020 PCNC final
rule via issuance of an interim final rule. The 2021 interim final rule
restored some elements of the 2015 final rule. Elements of the 2015
final rule related to the creation and submission of Assessments of
Fair Housing that were removed by the PCNC final rule were not restored
by the 2021 interim final rule, but the 2021 IFR did reinstate the
requirement to certify that participants are fulfilling their
obligation to AFFH consistent with the definition of AFFH restored by
the 2021 rule. Finally, on February 9, 2023, HUD published a proposed
rule (88 FR 8516), incorporating parts of, and expanding upon, the 2021
interim final rule, including elements of the 2015 final rule (but not
the AFH). That proposed rule was withdrawn on January 16, 2025 (90 FR
4686). Thus, the rule currently in effect is the 2021 interim final
rule published on June 10, 2021.
Justification for This Interim Final Rule
Thirty years of expansive back and forth rulemaking over vague
statutory directives is the epitome of regulatory overreach. HUD's 2020
PCNC final rule, while taking into account a number of considerations,
as detailed in the notice thereof and incorporated herein, fairly
targeted and reined in this overreach. Less effort and money spent
across thousands of state and local jurisdictions attempting to
validate community planning theories can mean more affordable and
better housing for Americans. This interim final rule follows the
directive of, and is consistent with, Executive Order 14192 (Unleashing
Prosperity Through Deregulation).
This interim final rule is narrowly focused to meet the urgent need
to reset the tangle of rulemaking concerning AFFH, which promotes
confusion and creates enormous costs that detract from the ability of
thousands of state and local jurisdictions to provide decent, safe and
affordable housing. It is relevant that in the past 30 years, no
notable enforcement action by HUD has been based solely upon the
failure of a local jurisdiction to meet AFFH obligations.
III. This Interim Final Rule
This interim final rule repeals the 2021 interim final rule,
including any parts of the 2015 AFFH Rule incorporated therein, and the
1994 AI requirements where they appear in regulation or guidance. Thus,
it returns to the original understanding of what the statutory AFFH
certification was prior to 1994--a general commitment that grantees
will take active steps to promote fair housing. Grantee AFFH
certifications will be deemed sufficient provided they took any action
during the relevant period rationally related to promoting fair
housing, such as helping to eliminate housing discrimination.
In issuing this interim rule, HUD has reconsidered the need for
Sec. Sec. 91.205(b)(2) and 91.305(b)(2). These paragraphs require that
local and state governments, respectively, compare whether the needs of
any racial or ethnic group are disproportionately greater than the
needs of the categories enumerated by Sec. Sec. 91.205(b)(1) and
91.305(b)(1). Removing these requirements is consistent with the
administration's view that under the Fair Housing Act HUD should ensure
against housing discrimination based on
[[Page 11022]]
all protected classes and not provide preferences based on racial or
ethnic characteristics. Moreover, removing these requirements gives
local communities maximum flexibility in designing and implementing
sound policies responsive to unique local needs, and eliminates overly
burdensome, intrusive and inconsistent reporting and monitoring
requirements.
This interim final rule also makes conforming amendments to the
certifications in the relevant HUD program regulations at 24 CFR
91.225, 91.325, 91.425, 570.487, and 903.7. Amendments to 24 CFR parts
92, 570, 574, and 576 include updated cross-references and
clarification of program participants in the HOME, Community
Development Block Grant (CDBG), Housing Opportunities for Persons With
AIDS (HOPWA), and Emergency Solutions Grants programs. In a similar
manner, this interim final rule amends 24 CFR 903.7(o), 903.15, and
903.23(f) to update cross-references to the amended definitions and
certification provisions in 24 CFR 5.151 and 5.152.
HUD invites public comment for a period of 60 days. HUD will
consider all comments received in its ongoing process of reviewing this
interim final rule for consistency with recent Supreme Court decisions
(see Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024); West
Virginia v. Environmental Protection Agency, 597 U.S. 697 (2022); and
Students for Fair Admissions, Inc. v. President and Fellows of Harvard
College, 600 U.S. 181 (2023)) and HUD's statutory authority. HUD will
also consider all comments received as it continues to broadly
reconsider the appropriate implementation of the affirmatively
furthering fair housing mandate.
IV. Justification for Interim Rule
The Administrative Procedure Act exempts from notice-and-comment
rulemaking any ``matter relating to agency management or personnel or
to public property, loans, grants, benefits, or contracts.'' 5 U.S.C.
553(a)(2). Because this rule applies only to the AFFH obligation of
grantees, it would have been exempt under the APA.
However, in 1969 the Administrative Conference of the United States
(ACUS) urged Congress to amend the APA to remove this exemption.
Congress declined. Still, several agencies, including HUD, issued
regulations codifying this policy. See 24 CFR 10.1. HUD's regulation
still remains in force, but 24 CFR 10.1 also provides that advance
public notice and comment may be omitted if the Department determines
that notice and public comment are impracticable, unnecessary or
contrary to the public interest.
Advance public notice and comment is unnecessary and does not serve
the public interest in this case because AFFH has already been the
subject of extensive public debate. Over the past several years, HUD
has received extensive public feedback about AFFH. HUD has received
tens of thousands of comments covering a wide range of stakeholders,
including public housing agencies, other housing providers,
organizations representative of housing providers, governmental
jurisdictions and agencies, civil rights organizations, tenant and
other housing advocacy organizations, and concerned citizens. There has
also been a thorough public debate on these issues in print and online.
In light of this public engagement, further notice and comment
concerning AFFH is unnecessary and would simply be a formality without
adding substance to the debate.
V. Findings and Certifications
Regulatory Review (Executive Orders 12866 and 13563)
Pursuant to Executive Order 12866 (Regulatory Planning and Review),
a determination must be made whether a regulatory action is significant
and therefore, subject to review by the Office of Management and Budget
(OMB) in accordance with the requirements of the Executive Order. This
interim final rule has been determined to be a ``significant regulatory
action,'' as defined in section 3(f) of Executive Order 12866, but not
economically significant.
Executive Order 13563 (Improving Regulations and Regulatory Review)
directs executive agencies to analyze regulations that are ``outmoded,
ineffective, insufficient, or excessively burdensome, and to modify,
streamline, expand, or repeal them in accordance with what has been
learned.'' Executive Order 13563 also directs that, where relevant,
feasible, and consistent with regulatory objectives, and to the extent
permitted by law, agencies are to identify and consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public. This final rule will provide maximum flexibility
and freedom for HUD grantees to affirmatively further fair housing and
is consistent with Executive Order 13563.
Regulatory Costs (Executive Order 14192)
Executive Order 14192, entitled ``Unleashing Prosperity Through
Deregulation,'' was issued on January 31, 2025. Section 3(c) of
Executive Order 14192 requires that any new incremental costs
associated with new regulations shall, to the extent permitted by law,
be offset by the elimination of existing costs associated with at least
10 prior regulations. OMB has determined that this interim final rule
reduces the reporting burden for jurisdictions in the formulation of
AFFH strategies and therefore is a repeal of a regulation that results
in reduced regulatory costs for purposes of Executive Order 14192.
Federalism (Executive Order 13132)
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either: imposes substantial direct compliance costs on State and local
governments and is not required by statute; or the rule preempts state
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive Order. This interim final rule does not
have federalism implications and does not impose substantial direct
compliance costs on state and local governments nor preempt state law
within the meaning of the Executive Order.
Environmental Impact
This interim final rule is a policy document that sets out
nondiscrimination standards. Accordingly, under 24 CFR 50.19(c)(3),
this rule is categorically excluded from environmental review under the
National Environmental Policy Act (42 U.S.C. 4321).
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA)
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements, unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Because HUD has determined that good cause exists to issue this rule
without prior public comment, this rule is not subject to the
requirement to publish an initial or final regulatory flexibility
analysis under the RFA as part of such action.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless the
collection displays a currently valid Office of Management
[[Page 11023]]
and Budget (OMB) control number. The information collection
requirements for Affirmatively Furthering Fair Housing collected have
previously been approved by OMB under the Paperwork Reduction Act and
assigned OMB control number 2506-0117 (Consolidated Plan, Annual Action
Plan & Annual Performance Report).
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4; approved March 22, 1995) (UMRA) establishes requirements for Federal
agencies to assess the effects of their regulatory actions on state,
local, and tribal governments, and on the private sector. This rule
does not impose any Federal mandates on any state, local, or tribal
government, or on the private sector, within the meaning of the UMRA.
VI. Electronic Access and Filing
Comments submitted electronically through the <a href="http://www.regulations.gov">http://www.regulations.gov</a> website can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
All comments and communications properly submitted to HUD will be
available for public inspection and copying between 8 a.m. and 5 p.m.
weekdays at the above address. Due to security measures at the HUD
Headquarters building, an advance appointment to review the public
comments must be scheduled by calling the Regulations Division at (202)
708-3055 (this is not a toll-free number). HUD welcomes and is prepared
to receive calls from individuals who are deaf or hard of hearing, as
well as from individuals with speech or communication disabilities. To
learn more about how to make an accessible telephone call, please visit
<a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
Lists of Subjects
24 CFR Part 5
Administrative practice and procedure; Aged; Claims; Crime;
Government contracts; Grant programs--housing and community
development; Individuals with disabilities; Intergovernmental
relations; Loan programs--housing and community development; Low and
moderate income housing; Mortgage insurance; Penalties; Pets; Public
housing; Rent subsidies; Reporting and recordkeeping requirements;
Social security; Unemployment compensation; Wages.
24 CFR Part 91
Aged; Grant programs--housing and community development; Homeless;
Individuals with disabilities; Low and moderate income housing;
Reporting and recordkeeping requirements.
24 CFR Part 92
Administrative practice and procedure; Low and moderate income
housing; Manufactured homes; Rent subsidies; Reporting and
recordkeeping requirements.
24 CFR Part 570
Administrative practice and procedure; American Samoa; Community
development block grants; Grant programs--education; Grant programs--
housing and community development; Guam; Indians; Loan programs--
housing and community development; Low and moderate income housing;
Northern Mariana Islands; Pacific Islands Trust Territory; Puerto Rico;
Reporting and recordkeeping requirements; Student aid; Virgin Islands.
24 CFR Part 574
Community facilities; Grant programs--housing and community
development; Grant programs--social programs; HIV/AIDS; Low- and
moderate-income housing; Reporting and recordkeeping requirements.
24 CFR Part 576
Community facilities; Grant programs--housing and community
development; Grant programs--social programs; Homeless; Reporting and
recordkeeping requirements
24 CFR Part 903
Administrative practice and procedure; Public housing; Reporting
and recordkeeping requirements.
Accordingly, for the reasons described in the preamble, HUD amends
24 CFR parts 5, 91, 92, 570, 574, 576, and 903 as follows:
PART 5--GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS
Subpart A--Generally Applicable Definitions and Requirements;
Waivers
0
1. The authority citation for part 5, subpart A, continues to read as
follows:
Authority: 29 U.S.C. 794, 42 U.S.C. 1437a, 1437c, 1437c-1(d),
1437d, 1437f, 1437n, 3535(d), and Sec. 327, Pub. L. 109-115, 119
Stat. 2936; 42 U.S.C. 3600-3620; 42 U.S.C. 5304(b); 42 U.S.C. 12101
et seq.; 42 U.S.C. 12704-12708; Executive Order 11063, 27 FR 11527,
3 CFR, 1958-1963 Comp., p. 652; Executive Order 12892, 59 FR 2939, 3
CFR, 1994 Comp., p. 849.
0
2. Revise Sec. 5.150 to read as follows:
Sec. 5.150 Affirmatively Furthering Fair Housing: Definitions.
(a) The phrase ``fair housing'' in 42 U.S.C. 5304(b)(2),
5306(d)(7)(B), 12705(b)(15), and 1437c-1(d)(16) means housing that,
among other attributes, is affordable, safe, decent, free of unlawful
discrimination, and accessible as required under civil rights laws.
(b) The phrase ``affirmatively further'' in 42 U.S.C. 5304(b)(2),
5306(d)(7)(B), 12705(b)(15), and 1437c-1(d)(16) means to take any
action rationally related to promoting any attribute or attributes of
fair housing as defined in the preceding subsection.
0
3. Revise Sec. 5.151 to read as follows:
Sec. 5.151 Affirmatively Furthering Fair Housing: AFFH
Certifications.
A HUD program participant's certification that it will
affirmatively further fair housing is sufficient if the participant
takes, in the relevant period, any action that is rationally related to
promoting one or more attributes of fair housing as defined in section
5.150(a). Nothing in this paragraph relieves jurisdictions of their
other obligations under civil rights and fair housing statutes and
regulations.
Sec. Sec. 5.152 [Removed and Reserved]
0
4. Remove and reserve Sec. Sec. 5.152.
PART 91--CONSOLIDATED SUBMISSIONS FOR COMMUNITY PLANNING AND
DEVELOPMENT PROGRAMS
0
5. The authority citation for part 91 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 3601-3619, 5301-5315, 11331-11388,
12701-12711, 12741-12756, and 12901-12912.
Sec. 91.205 [Amended]
0
6. Amend Sec. 91.205 by removing and reserving paragraph (b)(2).
0
7. Amend Sec. 91.225 by revising paragraph (a)(1) to read as follows:
Sec. 91.225 Certifications.
(a) * * *
(1) Affirmatively furthering fair housing. Each jurisdiction is
required to submit a certification that it will affirmatively further
fair housing. This includes certification that the grantee will
affirmatively further fair housing, consistent with Sec. Sec. 5.150
and 5.151 of this title.
* * * * *
0
8. Revise Sec. 91.230 to read as follows:
[[Page 11024]]
Sec. 91.230 Monitoring.
The plan must describe the standards and procedures that the
jurisdiction will use to monitor activities carried out in furtherance
of the plan and will use to ensure long-term compliance with
requirements of the programs involved, including civil rights related
program requirements and the comprehensive planning requirements.
0
9. Amend Sec. 91.235 by revising paragraphs (c)(1) and (4) to read as
follows:
Sec. 91.235 Special case; abbreviated consolidated plan.
* * * * *
(c) * * *
(1) Assessment of needs, resources, and planned activities. An
abbreviated plan must contain sufficient information about needs,
resources, and planned activities to address the needs to cover the
type and amount of assistance anticipated to be funded by HUD.
* * * * *
(4) Submissions, certifications, amendments, and performance
reports. An Insular Area grantee that submits an abbreviated
consolidated plan under this section must comply with the submission,
certification, amendment, and performance report requirements of Sec.
570.440 of this title. This includes certification that the grantee
will affirmatively further fair housing, consistent with Sec. Sec.
5.150 and 5.151 of this title.
* * * * *
Sec. 91.305 [Amended]
0
10. Amend Sec. 91.305 by removing and reserving paragraph (b)(2).
0
11. Amend Sec. 91.325 by revising paragraph (a)(1) to read as follows:
Sec. 91.325 Certifications.
(a) * * *
(1) Affirmatively furthering fair housing. Each State is required
to submit a certification that the grantee will affirmatively further
fair housing, consistent with Sec. Sec. 5.150 and 5.151 of this title.
* * * * *
0
12. Amend Sec. 91.425 by revising paragraph (a)(1)(i) to read as
follows:
Sec. 91.425 Certifications.
(a) * * *
(1) * * *
(i) Affirmatively furthering fair housing. Each consortium must
submit a certification that it will affirmatively further fair housing,
consistent with Sec. Sec. 5.150 and 5.151 of this title.
* * * * *
PART 92--HOME INVESTMENT PARTNERSHIPS PROGRAM
0
13. The authority citation for part 92 continues to read as follows:
Authority: 42 U.S.C. 3535(d), and 12701-12839, 12 U.S.C. 1701x.
0
14. Amend Sec. 92.508 by revising paragraph (a)(7)(i)(B) to read as
follows:
Sec. 92.508 Recordkeeping.
(a) * * *
(7) * * *
(i) * * *
(B) Documentation that the participating jurisdiction submitted a
certification that it will affirmatively further fair housing,
consistent with Sec. Sec. 5.150 and 5.151 of this title.
* * * * *
PART 570--COMMUNITY DEVELOPMENT BLOCK GRANTS
0
15. The authority citation for part 570 continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701x-1; 42 U.S.C. 3535(d) and 5301-
5320.
0
16. Amend Sec. 570.487 by revising paragraph (b) to read as follows:
Sec. 570.487 Other applicable laws and related program requirements.
* * * * *
(b) Affirmatively furthering fair housing. Each State is required
to submit a certification that it will affirmatively further fair
housing, consistent with Sec. Sec. 5.150 and 5.151 of this title. Each
unit of general local government is required to submit a certification
that it will affirmatively further fair housing, consistent with
Sec. Sec. 5.150 and 5.151 of this title.
* * * * *
0
17. Amend Sec. 570.490 by:
0
a. In paragraph (a)(1), removing the word ``gender'' and adding, in its
place, the word ``sex''; and
0
b. Revising paragraph (b).
The revision reads as follows:
Sec. 570.490 Recordkeeping requirements.
* * * * *
(b) Unit of general local government's record. The State shall
establish recordkeeping requirements for units of general local
government receiving CDBG funds that are sufficient to facilitate
reviews and audits of such units of general local government under
Sec. Sec. 570.492 and 570.493. For fair housing and equal opportunity
purposes, whereas such data is already being collected and where
applicable, such records shall include data on the racial, ethnic, and
sex characteristics of persons who are applicants for, participants in,
or beneficiaries of the program.
* * * * *
0
18. Amend Sec. 570.506 by revising paragraph (g)(1) to read as
follows:
Sec. 570.506 Records to be maintained.
* * * * *
(g) * * *
(1) Documentation that the recipient submitted a certification that
it will affirmatively further fair housing, consistent with Sec. Sec.
5.150 and 5.151 of this title.
* * * * *
0
19. Amend Sec. 570.601 by revising paragraph (a)(2) to read as
follows:
Sec. 570.601 Public Law 88-352 and Public Law 90-284; affirmatively
furthering fair housing; Executive Order 11063.
(a) * * *
(2) Public Law 90-284, which is the Fair Housing Act (42 U.S.C.
3601-3620). In accordance with the Fair Housing Act, the Secretary
requires that grantees administer all programs and activities related
to housing and urban development in a manner to affirmatively further
the policies of the Fair Housing Act. Each community receiving a grant
under subpart D of this part, shall submit a certification that it will
affirmatively further fair housing, consistent with Sec. Sec. 5.150
and 5.151 of this title.
* * * * *
PART 574--HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
0
20. The authority citation for part 574 continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701x-1; 42 U.S.C. 3535(d) and
5301-5320.
0
21. Amend Sec. 574.530 by revising paragraph (b) to read as follows:
Sec. 574.530 Recordkeeping.
* * * * *
(b) Documentation that the grantee submitted a certification that
it will affirmatively further fair housing, consistent with Sec. Sec.
5.150 and 5.151 of this title.
* * * * *
PART 576--EMERGENCY SOLUTIONS GRANTS PROGRAM
0
22. The authority citation for part 576 continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701x-1; 42 U.S.C. 11371 et seq., 42
U.S.C. 3535(d).
0
23. Amend Sec. 576.500 by revising paragraph (s)(1)(ii) to read as
follows:
[[Page 11025]]
Sec. 576.500 Recordkeeping and reporting requirements.
* * * * *
(s) * * *
(1) * * *
(ii) Documentation that the recipient submitted a certification
that it will affirmatively further fair housing, consistent with
Sec. Sec. 5.150 and 5.151 of this title.
* * * * *
PART 903--PUBLIC HOUSING AGENCY PLANS
0
24. The authority citation for part 903 continues to read as follows:
Authority: 42 U.S.C. 1437c; 42 U.S.C. 1437c-1; Pub. L. 110-289;
42 U.S.C. 3535d.
0
25. Amend Sec. 903.7 by revising paragraph (o) to read as follows:
Sec. 903.7 What information must a PHA provide in the Annual Plan?
* * * * *
(o) Civil rights certification. (1) The PHA must certify that it
will carry out its plan in conformity with title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d--2000d-4), the Fair Housing Act (42 U.S.C.
3601-19), section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794), title II of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), and other applicable Federal civil right laws,
and that it will affirmatively further fair housing, consistent with
Sec. Sec. 5.150 and 5.151 of this title.
(2) The certification is applicable to both the 5-Year Plan and the
Annual Plan, including any plan incorporated therein.
* * * * *
0
26. Amend Sec. 903.15 by revising paragraph (c)(3)(i)(A) to read as
follows:
Sec. 903.15 What is the relationship of the public housing agency
plans to the Consolidated Plan and a PHA's Fair Housing Requirements?
* * * * *
(c) * * *
(3) * * *
(i) * * *
(A) Fails to meet the affirmatively furthering fair housing
requirements at 24 CFR 5.150 through 5.151.
* * * * *
0
27. Amend Sec. 903.23 by revising paragraph (f) to read as follows:
Sec. 903.23 What is the process by which HUD reviews, approves, or
disapproves an Annual Plan?
* * * * *
(f) Recordkeeping. PHAs must maintain records reflecting a
certification that the PHA will affirmatively further fair housing,
consistent with Sec. Sec. 5.150 and 5.151 of this title.
Scott Turner,
Secretary.
[FR Doc. 2025-03360 Filed 2-28-25; 8:45 am]
BILLING CODE 4210-67-P
</pre></body>
</html>Indexed from Federal Register on March 3, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.