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What is the obligation to affirmatively further fair housing? <br />Affirmatively furthering fair housing (AFFH) is a legal requirement that federal agencies and federal <br />grantees further the purposes of the 1968 Fair Housing Act (FHA). The obligation to AFFH is noted in the <br />original text of the FHA [42 U.S.C. §3608 (d)]. Additionally, any jurisdiction that receives Community <br />Planning and Development (CPD) grant funds from HUD (including HOME funds) is required to certify <br />that it will affirmatively further fair housing as a condition of accepting HUD grant funds. [42. U.S.0 <br />§5304(b)(2); §5306(d)(7)(B); §12705(b)(15); §1437C -1(d)(16)] <br />What entities are responsible for affirmatively furthering fair housing? <br />Any jurisdiction that receives CPD grant funds is required to AFFH. This includes Consortium members <br />and jurisdictions not part of a Consortium. Additionally, any jurisdiction that receives CPD funding must <br />certify that it will AFFH in its Assessment of Fair Housing (AFH), and in its Consolidated Plan. The AFH <br />serves as a jurisdiction's evidence for its efforts to AFFH, including analysis of any barriers to fair housing <br />choice, and a plan of action for addressing those barriers. <br />By accepting HOME funds, will a jurisdiction lose authority over local land use and zoning authority? <br />Jurisdictions do not lose authority over local land use and zoning decisions by accepting CPD grant funds, <br />including HOME. Any jurisdiction allocated CPD funds are obligated to AFFH — but the methods a <br />jurisdiction may satisfy that obligation are subject to local authority and local decision-making. <br />There are many approaches to satisfying the AFFH obligation. Jurisdictions may set goals focused on <br />incentive strategies to encourage development of affordable housing in areas near good schools, transit <br />and healthy food, and thus expand opportunities for protected class members. Alternatively, <br />jurisdictions may set goals to concentrate investment in certain communities suffering from a history of <br />underinvestment to revitalize the local economy and rehabilitate substandard housing available to <br />protected classes. Still other jurisdictions may elect to require new housing developments include a <br />certain percentage of affordable housing after reviewing data on concentrations of protected class <br />members at certain income brackets. <br />HOME funds offer an essential source of subsidy for workforce housing, and acceptance of HOME <br />funds does not relinquish local land use authority. <br />w <br />2 <br />P225 <br />