Affirmatively Furthering Fair Housing (AFFH): Responsibility To Conduct Analysis of Impediments, 23927-23928 [2018-11145]

Download as PDF Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices responses to this notice when reconsidering the Assessment Tool Dated: May 18, 2018. ´ Anna Maria Farıas, Assistant Secretary for Fair Housing and Equal Opportunity. [FR Doc. 2018–11146 Filed 5–21–18; 4:15 pm] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5173–N–18] Affirmatively Furthering Fair Housing (AFFH): Responsibility To Conduct Analysis of Impediments Office of the Assistant Secretary for Fair Housing and Equal Opportunity, HUD. ACTION: Notice. AGENCY: By notice published elsewhere in today’s Federal Register, HUD has withdrawn the current version of the information collection device used by local government program participants to assess fair housing issues as part of their planning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 preexisting 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. SUMMARY: daltland on DSKBBV9HB2PROD with NOTICES 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 VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 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 (§§ 5.150–5.168). 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. 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 1 80 FR 42357. 82 FR 4373. 2 See PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 23927 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. 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 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). 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-onStatus-of-Assessment-Tools-and-SubmissionOptions.pdf. This guidance is generally applicable to all types of program participants. E:\FR\FM\23MYN1.SGM 23MYN1 23928 Federal Register / Vol. 83, No. 100 / Wednesday, May 23, 2018 / Notices 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. Dated: May 18, 2018. ´ Anna Maria Farıas, Assistant Secretary for Fair Housing and Equal Opportunity. [FR Doc. 2018–11145 Filed 5–21–18; 4:15 pm] BILLING CODE 4210–67–P HUD’s Affirmatively Furthering Fair Housing (AFFH) regulations (24 CFR 5.150– 5.168) provide that program participants must submit an Assessment of Fair Housing (AFH) using a HUD-provided assessment tool. See e.g., 24 CFR 5.154. The regulations further provide a schedule of time frames by which different types of program participants must submit an assessment using the appropriate HUD-provided tool. See 24 CFR 5.160(a). These time frames are connected to an individual program participant’s multi-year consolidated planning process. On January 5, 2018, at 83 FR 683, HUD published a Federal Register notice extending the time frame applicable to local government consolidated plan program participants. HUD is withdrawing the January 5, 2018, notice. If HUD later finds it prudent to revise the regulations, including by revising the submission schedule, HUD will publish a notice of proposed rulemaking to that effect for public comment. SUPPLEMENTARY INFORMATION: Dated: May 18, 2018. ´ Anna Maria Farıas, Assistant Secretary for Fair Housing and Equal Opportunity. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [FR Doc. 2018–11143 Filed 5–21–18; 4:15 pm] [Docket No. FR–5173–N–16] BILLING CODE 4210–67–P Affirmatively Furthering Fair Housing: Withdrawal of Notice Extending the Deadline for Submission of Assessment of Fair Housing for Consolidated Plan Participants Fish and Wildlife Service [FWS–R8–ES–2018–N048; FXES11130800000–178–FF08E00000] This notice withdraws HUD’s January 5, 2018, notice extending the submission deadline for an Assessment of Fair Housing (AFH) by local government consolidated plan program participants. DATES: Applicable May 23, 2018, the document published at 83 FR 683 on January 5, 2018, is withdrawn. 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. AGENCY: daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: 7 See 24 CFR 91.500. VerDate Sep<11>2014 17:33 May 22, 2018 Jkt 244001 Applicants Permit No. TE–204436 Applicant: Johanna Kisner, Orcutt, California The applicant requests a permit renewal to take (harass by survey, capture, handle, and release) the tidewater goby (Eucyclogobius newberryi) in conjunction with survey activities throughout the range of the species in California for the purpose of enhancing the species’ survival. Permit No. TE–185595 DEPARTMENT OF THE INTERIOR Office of the Assistant Secretary for Fair Housing and Equal Opportunity, HUD. ACTION: Notice; withdrawal. AGENCY: Wildlife Service, 2800 Cottage Way, Room W–2606, Sacramento, CA 95825 (telephone: 916–414–6464; fax: 916– 414–6486). Please refer to the respective permit number for each application when submitting comments. FOR FURTHER INFORMATION CONTACT: Daniel Marquez, Fish and Wildlife Biologist; see ADDRESSES (telephone: 760–431–9440; fax: 760–431–9624). SUPPLEMENTARY INFORMATION: The following applicants have applied for scientific research permits to conduct certain activities with endangered species under section 10(a)(1)(A) of the Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.). We seek review and comment from local, State, and Federal agencies and the public on the following permit requests Endangered Species Recovery Permit Applications Fish and Wildlife Service, Interior. ACTION: Notice of receipt of permit applications; request for comment. We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits activities with endangered and threatened species unless a Federal permit allows such activity. The ESA also requires that we invite public comment before issuing recovery permits to conduct certain activities with endangered species. DATES: Comments on these permit applications must be received on or before June 22, 2018. ADDRESSES: Written data or comments should be submitted to the Endangered Species Program Manager, U.S. Fish and SUMMARY: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 Applicant: Kelly Bayne, Sacramento, California The applicant requests a permit renewal to take (harass by survey, capture, handle, release, collect vouchers, and collect branchiopod cysts) the Conservancy fairy shrimp (Branchinecta conservatio), longhorn fairy shrimp (Branchinecta longiantenna), San Diego fairy shrimp (Branchinecta sandiegonensis), Riverside fairy shrimp (Streptocephalus woottoni), and vernal pool tadpole shrimp (Lepidurus packardi); and take (harass by survey, capture, handle, and release) the California tiger salamander (Santa Barbara County and Sonoma County Distinct Population Segment (DPS)) (Ambystoma californiense) in conjunction with survey activities throughout the range of the species in California for the purpose of enhancing the species’ survival. Permit No. TE–101462 Applicant: Peter Sarafian, Los Osos, California The applicant requests a permit renewal to take (harass by survey, capture, handle, and release) the Morro shoulderband snail (Banded dune) (Helminthoglypta walkeriana) in E:\FR\FM\23MYN1.SGM 23MYN1

Agencies

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 83, Number 100 (Wednesday, May 23, 2018)]
[Notices]
[Pages 23927-23928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11145]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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).
---------------------------------------------------------------------------

    \1\ 80 FR 42357.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \2\ See 82 FR 4373.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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

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