83 FR 23927 - Affirmatively Furthering Fair Housing (AFFH): Responsibility To Conduct Analysis of Impediments

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 83, Issue 100 (May 23, 2018)

Page Range		23927-23928
FR Document		2018-11145

By notice published elsewhere in today's Federal Register, HUD has withdrawn the current version of the information collection device used by local government program participants to assess fair housing issues as part of their planning for use of housing and community development block grants. The device is referred to as the Local Government Assessment Tool; the resulting assessment is referred to as an Assessment of Fair Housing (AFH). As explained in that notice, the withdrawal of the lack of a working information collection device means that a program participant that has not yet submitted an AFH using that device that has been accepted by HUD must continue to carry out its duty to affirmatively further fair housing by, inter alia, continuing to assess fair housing issues as part of planning for use of housing and community development block grants in accordance with pre-existing requirements. The pre-existing requirements referred to the fair housing assessment as an ``analysis of impediments to fair housing choice'' (AI). This notice reminds program participants of the requirements and standards for completing the AI.

Federal Register, Volume 83 Issue 100 (Wednesday, May 23, 2018)

[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23927-23928]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11145]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5173-N-18]


Affirmatively Furthering Fair Housing (AFFH): Responsibility To 
Conduct Analysis of Impediments

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Notice.

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SUMMARY: By notice published elsewhere in today's Federal Register, HUD 
has withdrawn the current version of the information collection device 
used by local government program participants to assess fair housing 
issues as part of their planning for use of housing and community 
development block grants. The device is referred to as the Local 
Government Assessment Tool; the resulting assessment is referred to as 
an Assessment of Fair Housing (AFH). As explained in that notice, the 
withdrawal of the lack of a working information collection device means 
that a program participant that has not yet submitted an AFH using that 
device that has been accepted by HUD must continue to carry out its 
duty to affirmatively further fair housing by, inter alia, continuing 
to assess fair housing issues as part of planning for use of housing 
and community development block grants in accordance with pre-existing 
requirements. The pre-existing requirements referred to the fair 
housing assessment as an ``analysis of impediments to fair housing 
choice'' (AI). This notice reminds program participants of the 
requirements and standards for completing the AI.

DATES: Applicability Date: May 23, 2018.

FOR FURTHER INFORMATION CONTACT: Krista Mills, Deputy Assistant 
Secretary, Office of Policy, Legislative Initiatives, and Outreach, 
Office Fair Housing and Equal Opportunity, Department of Housing and 
Urban Development, 451 7th Street SW, Room 5246, Washington, DC 20410; 
telephone number 202-402-6577. Individuals with hearing or speech 
impediments may access this number via TTY by calling the toll-free 
Federal Relay Service during working hours at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: On July 16, 2015, HUD published in the 
Federal Register its Affirmatively Furthering Fair Housing (AFFH) final 
rule.\1\ The AFFH final rule provides HUD program participants with a 
revised planning approach to assist them in meeting their legal 
obligation to affirmatively further fair housing. To assist HUD program 
participants in meeting this obligation, the AFFH rule provides that 
program participants must conduct an Assessment of Fair Housing (AFH) 
using an ``Assessment Tool.'' The AFFH regulations are codified in 24 
CFR part 5, subpart A (Sec. Sec.  5.150-5.168).
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    \1\ 80 FR 42357.
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    Through notice published elsewhere in today's Federal Register, HUD 
announces its withdrawal of the Local Government Assessment Tool (OMB 
Control No: 2529-0054). As explained in that notice, the AFFH 
regulations at 24 CFR 5.160(a)(1)(ii) provide that if the specified AFH 
submission deadline results in a submission date that is less than 9 
months after the Assessment Tool designed for the relevant type of 
program participant is available for use, ``the participant(s)' 
submission deadline will be extended . . . to a date that will be not 
less than 9 months from the date of publication of the Assessment 
Tool.'' As a result of the withdrawal of the Local Government 
Assessment Tool and the lack of available HUD data for the PHA 
Assessment Tool, currently no type of program participant has an 
Assessment Tool available for use.\2\ Pursuant to 24 CFR 
5.160(a)(1)(ii), the deadline for local government program participants 
to submit a first AFH is thus extended to a date not less than 9 months 
following the future publication of a revised and approved Local 
Government Assessment Tool.
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    \2\ See 82 FR 4373.
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    In the meantime, as explained in the notice withdrawing the Local 
Government Assessment Tool, Consolidated Plan program participants that 
have not yet submitted an assessment using a HUD-provided assessment 
tool that must be accepted, must nonetheless continue to comply with 
existing, ongoing legal obligations to affirmatively further fair 
housing. Congress has repeatedly reinforced this mandate, requiring in 
the Housing and Community Development Act of 1974 and the Cranston-
Gonzalez National Affordable Housing Act, for example, that covered HUD 
program participants certify, as a condition of receiving Federal 
funds, that they will affirmatively further fair housing.\3\ Pursuant 
to 24 CFR 5.160(a)(3), until a Consolidated Plan program participant 
submits its first accepted AFH, it will continue to provide the AFFH 
certification with its Consolidated Plan, in accordance with the 
requirements that existed prior to August 17, 2015.\4\ Those 
requirements obligate a program participant to certify that it will 
affirmatively further fair housing, which means that it will conduct an 
analysis of impediments (AI) to fair housing choice within the 
jurisdiction, take appropriate actions to overcome the effects of any 
impediments identified through that analysis, and maintain records 
reflecting the analysis and actions.
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    \3\ See, e.g., 42 U.S.C. 5304(b)(2), 5306(d)(7)(B), 
12705(b)(15).
    \4\ See, e.g., 24 CFR 91.225(a)(1) (2014); 24 CFR 91.325(a)(1) 
(2014).
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    Program participants are hereby reminded that the legal obligation 
to affirmatively further fair housing remains in effect, and that HUD 
places a high priority upon the responsibility of program participants 
to ensure that their AIs serve as effective fair housing planning 
tools. For Consolidated Plan program participants that are starting a 
new 3-5-year Consolidated Plan cycle that begins before their due date 
for an AFH, the AI should continue to be updated in accordance with the 
HUD Fair Housing Planning Guide (1996).\5\ The data HUD has developed 
in order to implement the AFFH rule will remain available for program 
participants to use in conducting their AIs. HUD encourages program 
participants to collaborate to develop a regional AI, as regional 
collaborations provide an opportunity for program participants to share 
resources and address fair housing issues that cross jurisdictional 
boundaries.\6\
    Further, program participants are hereby reminded that if HUD 
believes the AI or actions taken to affirmatively further fair housing 
to be inadequate, HUD may require submission of the full AI and other 
documentation. If HUD concludes that the AI is substantially 
incomplete, or the actions taken were plainly inappropriate to address 
the identified impediments, HUD may

[[Page 23928]]

question the jurisdiction's AFFH certification by providing notice to 
the jurisdiction that HUD believes the AFFH certification to be 
inaccurate and provide the jurisdiction an opportunity to comment. If, 
after the notice and opportunity to comment is given to the 
jurisdiction, HUD determines that the AFFH certification is inaccurate, 
HUD will reject the certification. Rejection of the certification 
renders the Consolidated Plan substantially incomplete and constitutes 
grounds for HUD to disapprove the Consolidated Plan as submitted.\7\ A 
jurisdiction cannot receive its Community Development Block Grants 
(CDBG), HOME, Emergency Solutions Grants (ESG), or Housing for Persons 
With AIDs (HOPWA) program grants until the Consolidated Plan is 
approved.
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    \5\ Available at https://www.hud.gov/sites/documents/FHPG.PDF.
    \6\ Please refer to HUD's 2017 interim guidance for additional 
information on collaboration, specifically the Q&A captioned: ``How 
can States Collaborate with Local Governments or PHAs?''. The 
guidance is available at: https://www.hudexchange.info/resources/documents/Interim-Guidance-for-Program-Participants-on-Status-of-Assessment-Tools-and-Submission-Options.pdf. This guidance is 
generally applicable to all types of program participants.
    \7\ See 24 CFR 91.500.

    Dated: May 18, 2018.
Anna Maria Far[iacute]as,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 2018-11145 Filed 5-21-18; 4:15 pm]
 BILLING CODE 4210-67-P

23928 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices

question the jurisdiction’s AFFH SUPPLEMENTARY INFORMATION: HUD’s Wildlife Service, 2800 Cottage Way,
certification by providing notice to the Affirmatively Furthering Fair Housing Room W–2606, Sacramento, CA 95825
jurisdiction that HUD believes the (AFFH) regulations (24 CFR 5.150– (telephone: 916–414–6464; fax: 916–
AFFH certification to be inaccurate and 5.168) provide that program participants 414–6486). Please refer to the respective
provide the jurisdiction an opportunity must submit an Assessment of Fair permit number for each application
to comment. If, after the notice and Housing (AFH) using a HUD-provided when submitting comments.
opportunity to comment is given to the assessment tool. See e.g., 24 CFR 5.154. FOR FURTHER INFORMATION CONTACT:
jurisdiction, HUD determines that the The regulations further provide a Daniel Marquez, Fish and Wildlife
AFFH certification is inaccurate, HUD schedule of time frames by which Biologist; see ADDRESSES (telephone:
will reject the certification. Rejection of different types of program participants 760–431–9440; fax: 760–431–9624).
the certification renders the must submit an assessment using the SUPPLEMENTARY INFORMATION: The
Consolidated Plan substantially appropriate HUD-provided tool. See 24 following applicants have applied for
incomplete and constitutes grounds for CFR 5.160(a). These time frames are scientific research permits to conduct
HUD to disapprove the Consolidated connected to an individual program certain activities with endangered
Plan as submitted.7 A jurisdiction participant’s multi-year consolidated species under section 10(a)(1)(A) of the
cannot receive its Community planning process. On January 5, 2018, at Endangered Species Act (ESA; 16 U.S.C.
Development Block Grants (CDBG), 83 FR 683, HUD published a Federal 1531 et seq.). We seek review and
HOME, Emergency Solutions Grants Register notice extending the time frame comment from local, State, and Federal
(ESG), or Housing for Persons With applicable to local government agencies and the public on the following
AIDs (HOPWA) program grants until the consolidated plan program participants. permit requests
Consolidated Plan is approved. HUD is withdrawing the January 5,
2018, notice. If HUD later finds it Applicants
Dated: May 18, 2018.
Anna Maria Farı́as,
prudent to revise the regulations, Permit No. TE–204436
including by revising the submission
Assistant Secretary for Fair Housing and Applicant: Johanna Kisner, Orcutt,
Equal Opportunity.
schedule, HUD will publish a notice of
California
proposed rulemaking to that effect for
[FR Doc. 2018–11145 Filed 5–21–18; 4:15 pm] The applicant requests a permit
public comment.
BILLING CODE 4210–67–P renewal to take (harass by survey,
Dated: May 18, 2018.
capture, handle, and release) the
Anna Maria Farı́as, tidewater goby (Eucyclogobius
DEPARTMENT OF HOUSING AND Assistant Secretary for Fair Housing and newberryi) in conjunction with survey
URBAN DEVELOPMENT Equal Opportunity. activities throughout the range of the
[FR Doc. 2018–11143 Filed 5–21–18; 4:15 pm] species in California for the purpose of
[Docket No. FR–5173–N–16]
BILLING CODE 4210–67–P enhancing the species’ survival.
Affirmatively Furthering Fair Housing:
Withdrawal of Notice Extending the Permit No. TE–185595
Deadline for Submission of DEPARTMENT OF THE INTERIOR Applicant: Kelly Bayne, Sacramento,
Assessment of Fair Housing for California
Consolidated Plan Participants Fish and Wildlife Service
The applicant requests a permit
AGENCY: Office of the Assistant [FWS–R8–ES–2018–N048; renewal to take (harass by survey,
Secretary for Fair Housing and Equal FXES11130800000–178–FF08E00000] capture, handle, release, collect
Opportunity, HUD. vouchers, and collect branchiopod
Endangered Species Recovery Permit cysts) the Conservancy fairy shrimp
ACTION: Notice; withdrawal. Applications (Branchinecta conservatio), longhorn
SUMMARY: This notice withdraws HUD’s AGENCY: Fish and Wildlife Service, fairy shrimp (Branchinecta
January 5, 2018, notice extending the Interior. longiantenna), San Diego fairy shrimp
submission deadline for an Assessment ACTION: Notice of receipt of permit (Branchinecta sandiegonensis),
of Fair Housing (AFH) by local applications; request for comment. Riverside fairy shrimp (Streptocephalus
government consolidated plan program woottoni), and vernal pool tadpole
participants. SUMMARY: We, the U.S. Fish and shrimp (Lepidurus packardi); and take
DATES: Applicable May 23, 2018, the Wildlife Service, invite the public to (harass by survey, capture, handle, and
document published at 83 FR 683 on comment on the following applications release) the California tiger salamander
January 5, 2018, is withdrawn. to conduct certain activities with (Santa Barbara County and Sonoma
FOR FURTHER INFORMATION CONTACT: endangered species. With some County Distinct Population Segment
Krista Mills, Deputy Assistant Secretary, exceptions, the Endangered Species Act (DPS)) (Ambystoma californiense) in
Office of Policy, Legislative Initiatives, (ESA) prohibits activities with conjunction with survey activities
and Outreach, Office Fair Housing and endangered and threatened species throughout the range of the species in
Equal Opportunity, Department of unless a Federal permit allows such California for the purpose of enhancing
Housing and Urban Development, 451 activity. The ESA also requires that we the species’ survival.
7th Street SW, Room 5246, Washington, invite public comment before issuing
Permit No. TE–101462
DC 20410; telephone number 202–402– recovery permits to conduct certain
daltland on DSKBBV9HB2PROD with NOTICES

6577. Individuals with hearing or activities with endangered species. Applicant: Peter Sarafian, Los Osos,
speech impediments may access this DATES: Comments on these permit California
number via TTY by calling the toll-free applications must be received on or The applicant requests a permit
Federal Relay Service during working before June 22, 2018. renewal to take (harass by survey,
hours at 1–800–877–8339. ADDRESSES: Written data or comments capture, handle, and release) the Morro
should be submitted to the Endangered shoulderband snail (Banded dune)
7 See 24 CFR 91.500. Species Program Manager, U.S. Fish and (Helminthoglypta walkeriana) in

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Document Created: 2018-05-22 23:48:57
Document Modified: 2018-05-22 23:48:57

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Applicability Date: May 23, 2018.
Contact		Krista Mills, Deputy Assistant Secretary, Office of Policy, Legislative Initiatives, and Outreach, Office Fair Housing and Equal Opportunity, Department of Housing and Urban Development, 451 7th Street SW, Room 5246, Washington, DC 20410; telephone number 202-402-6577. Individuals with hearing or speech impediments may access this number via TTY by calling the toll-free Federal Relay Service during working hours at 1-800-877-8339.
FR Citation		83 FR 23927