For further discussion of the rules regarding disparate impact and affirmatively furthering fair housing
, see infra notes 70-73 and accompanying text.
2507, 2523-24 (2015); Affirmatively Furthering Fair Housing
, 80 Fed.
(74.) See Final Rule on Affirmatively Furthering Fair Housing
, 80 Fed.
AFFIRMATIVELY FURTHERING FAIR HOUSING
(AFFH) DATA DOCUMENTATION (July
This is being done to provide performance review standards for affirmatively furthering fair housing
and to clarify the basis upon which HUD makes its annual statutory determination that a city's CDBG program is in compliance with its certification and other applicable laws.
The Article briefly considers conceptual and practical problems in implementing the Supreme Court's 2015 Inclusive Communities disparate impact holding and HUD's 2015 regulations on "Affirmatively Furthering Fair Housing
," especially in light of the 2016 elections.
DEPARTMENT OF HOUSING and Urban Development (HUD) has proposed the Affirmatively Furthering Fair Housing
rule, which clarifies and expands fair housing obligations for HUD program participants, including state and local public housing authorities, among others.
In 2015, the Supreme Court upheld the concept of disparate impact as a basis for a Fair Housing Act violation, and in the aftermath of this decision, (152) HUD finalized its current "Affirmatively Furthering Fair Housing
" ("AFFH") Rule.