HUD HCV Guidebook § 2.3.1
Affirmatively Furthering Fair Housing and Fair Housing Planning (HUD HCV Guidebook)
Operative Text
Section 808(d) of the Fair Housing Act requires all executive branch departments and agencies administering housing and urban development programs and activities to administer these programs in a manner that affirmatively furthers the policies of the Fair Housing Act.11 HCV programs must be administered in a manner 7 See 81 FR 63054; 24 CFR 100.600. 8 HUD DOJ Joint Statement on Reasonable Accommodations, 5/17/04 available at https://www.hud.gov/sites/documents/huddojstatement.pdf. 9 Throughout this document the phrases “individuals with disabilities” and “persons with disabilities” are used interchangeably. See Section 3.1.2 for a discussion of the definition of disability under Federal civil rights laws and the definition of disability for the purposes of determining program eligibility. 10 See HUD’s implementing regulations at 24 CFR part 100. 11 42 U.S.C. § 3608. Fair Housing and Nondiscrimination Requirements 6 US Department of Housing and Urban Development April 2025 that affirmatively furthers the policies of the Fair Housing Act.12 Currently, HUD funding recipients, including PHAs, must regularly certify compliance with the Fair Housing Act’s affirmatively furthering fair housing (AFFH) requirement,13 and will, in doing so, commit to supporting those certifications by engaging in voluntary fair housing planning or taking other steps to remedy their unique fair housing issues. The certification requires the PHA to affirmatively further fair housing consistent with 24 CFR part 5.14 PHAs may engage in fair housing planning to support their AFFH certifications, but current regulations do not require any specific form of planning or the submission of fair housing plans to HUD. PHAs may seek technical assistance from HUD on their voluntary fair housing planning activities that support their certifications. HUD anticipates issuing a more detailed implementation of a program participant’s AFFH obligations,15 and will seek to build on and improve the processes set forth in the 2015 AFFH Rule16 to further help PHAs comply with their statutory obligation while reducing the regulatory burden on them. Additional technical assistance and training will be available to support the implementation of PHA AFFH obligations as regulations change.
HUD Housing Choice Voucher Guidebook § 2.3.1 implements the Fair Housing Act's requirement that federal housing programs be administered in ways that actively promote fair housing—not merely avoid discrimination. Public Housing Authorities (PHAs) must regularly certify to HUD that they are meeting this 'affirmatively furthering fair housing' (AFFH) obligation under 24 CFR part 5. While PHAs are encouraged to engage in fair housing planning to support those certifications, current regulations do not mandate a specific planning format or require submission of formal plans to HUD. HUD has signaled it intends to issue more detailed AFFH guidance in the future.
Plain English — not legal advice.
HCV Guidebook § 2.3.1 applies primarily to Public Housing Authorities and other HUD funding recipients rather than private landlords directly, but operators participating in the Housing Choice Voucher program should be aware that the PHAs administering those programs are bound by AFFH certification requirements. Compliant PHAs generally document their fair housing efforts, engage in voluntary planning activities, and take steps to address fair housing issues specific to their communities. Property owners working with HCV programs may find that their administering PHA's fair housing planning activities shape program policies and outreach practices they encounter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under HCV Guidebook § 2.3.1, tenants in the Housing Choice Voucher program have an interest in knowing that the PHA administering their voucher is legally required to certify compliance with the Fair Housing Act's affirmatively furthering fair housing mandate. If a tenant believes a PHA is failing to meet its AFFH obligations, general enforcement paths include filing a fair housing complaint with the U.S. Department of Housing and Urban Development or contacting a local tenant-rights or fair housing organization for guidance. As HUD anticipates issuing updated AFFH regulations, tenants can also monitor HUD's public rulemaking process to understand how their PHA's obligations may evolve.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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