The affirmatively furthering fair housing certification was rewritten in March 2025 to be satisfied by any action rationally related to promoting an attribute of fair housing

xp.fair_housing.affh_certification_standard_after_march_2025 · v1.0.0

As of the March 2025 final rule, 'fair housing' in the statutes carrying the certification means housing that, among other attributes, is affordable, safe, decent, free of unlawful discrimination, and accessible as required under civil rights laws; and 'affirmatively further' means to take any action rationally related to promoting any attribute or attributes of fair housing so defined. A HUD program participant's certification that it will affirmatively further fair housing is sufficient if the participant takes, in the relevant period, any action rationally related to promoting one or more of those attributes. This replaced the assessment-and-planning regime that preceded it, and the standard is now materially easier to meet. The regulation adds one thing that is easy to lose in that: nothing in the certification provision relieves jurisdictions of their other obligations under civil rights and fair housing statutes and regulations -- so the certification got easier while the underlying duties did not change.

Confidence

high

Effective from

2025-03-03

Last reviewed

2026-09-07