10.9 Affirmative Fair Housing Marketing

A. The Affirmative Fair Housing Marketing Requirements (24 CFR 200.600, Subpart M) apply to all insured new construction and substantial rehabilitation projects. Each applicant for insurance must submit an Affirmative Fair Housing Marketing Plan (AFHMP) or form HUD-935.2A. The plan must describe an affirmative program to attract residents regardless of race, color, religion, sex, disability, familial status, or national origin to the housing for initial rental. The plan must show use of a marketing area with a diverse population and targeted outreach to demographic groups in the diverse area that are least likely to apply for the housing. The affirmative advertising program shall use majority and minority media and organizations and target those groups within the market area that would not ordinarily apply without concerted outreach. The plan should include information on the applicant’s nondiscriminatory hiring policy, its training program on nondiscrimination for its rental staff, and the display of the Department’s Equal Housing Opportunity logo type and slogan. The Hub Satellite Office has the responsibility to review the Plan and must review approve the Plan prior to Initial Endorsement. This does not change the timing of the Plan’s submission; it is still required with firm application or preapplication submission. The HUD approved AFHMP must be closely followed by the owner and Management Agent and must be regularly updated in accordance with HUD requirements.

B. Applications under Section 223(f), while covered by the nondiscrimination provisions of the Fair Housing Act and Executive Order 11063, are exempt from the submission of a written plan. However, a Section 223(f) applicant is required to maintain records of its affirmative marketing efforts.