Obligation to Affirmatively Further Fair Housing

1. The Fair Housing Act also requires HUD to administer all programs and activities relating to housing and urban development in a manner that affirmatively further fair housing. See paragraph 2-9 for a discussion of Civil Rights Related Program Requirements which implement this obligation. In addition, Subpart M of 24 CFR, part 200, sets forth HUD’s equal opportunity regulations for affirmative fair housing marketing under FHA subsidized and unsubsidized housing programs. Each owner who participates in HUD’s multifamily housing programs to which 24 CFR, part 200, applies must develop and provide a description of the Affirmative Fair Housing Marketing Plan for the property to comply with the requirements of Subpart M of 24 CFR, part 200. For example, under the requirement of affirmatively furthering fair housing, an owner must engage in affirmative marketing to groups least likely to apply for the owner’s housing even if this group is different from the religious or ethnic group generally served by the owner organization. HUD conducts periodic compliance reviews in accordance with 24 CFR 108.40 to determine if owners are meeting these requirements and implementing their Affirmative Fair Housing Marketing Plans. The Affirmative Fair Housing Marketing Plan (AFHMP) is described in paragraph 4-12 B and the form is found in Appendix 1 .

   • a. HUD does not require subsidized multifamily projects built prior to February 1972 to have an Affirmative Fair Housing Marketing Plan, unless the property has been substantially rehabilitated

HUD Occupancy Handbook Chapter 2: Civil Rights and Nondiscrimination Requirements

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Section 2: Nondiscrimination Requirements Under the Fair Housing Act

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***** subsequent to February 1972 or the plan is required by a housing assistance contract. However, these owners are required to ***** affirmatively market their units to those least likely to apply.

• b. In addition, item 8 on the form HUD-935.2A, Affirmative Fair Housing Marketing AFHM Plan – Multifamily Housing , requires the owner to update the plan as the property’s circumstances change. (See paragraph 4-12 F for more information.)