Affirmatively Furthering Fair Housing Resource List

Due to the recent developments and focus that HUD has placed on Affirmatively Furthering Fair Housing (AFFH) SWFHC has gathered some resources and material compiled by the National Fair Housing Alliance. Check back as we develop this page further and contact SWFHC with any questions about Affirmatively Furthering Fair Housing.



The Fair Housing Act

The Housing & Community Development Act of 1974


Executive Orders

EO 11063 (November 20, 1962) 

EO 12259 (December 31, 1980)

EO 12892 (January 17, 1994)



HUD’s Proposed new AFFH rule (FR‐5173‐P‐01), along with comments submitted and documentation for the proposed approach to data analysis

Additional background materials on HUD’s Proposed new AFFH rule and the prototype geospatial tool to be used in the new AFFH process: LINK

CDBG regulations re: AFFH ‐ 24 CFR Sec. 570.601(a)(2)

ConPlan regulations re: AFFH – 24 CFR Sec. 91.225(a)



HUD Fair Housing Planning Guide

HUD memos

NLIHC Advocates Guide (which provides overviews of the Analysis of Impediments, the Consolidated Plan, the Public Housing Agency plan, Housing Choice Vouchers and Inclusionary Housing policies

HUD’s eCon Planning Suite, a set of data, mapping tools and reporting templates designed, “to support grantees and the public to assess their needs and make strategic investment decisions by providing better data and tools and by creating a seamless planning and grants management framework” 

Opportunity Agenda Public Policy Brief, “Reforming HUD’s Regulations to Affirmatively Further Fair Housing,” (March, 2010)


Selected Articles

Michael Allen, “No Certification, No Money: the Revival of Civil Rights Obligations in HUD Funding Programs,” (Planning Commissioners Journal, No. 78, Spring 2010)

Michael Allen and Craig Gurian, “Making Real the Desegregating Promise of the Fair Housing Act: ‘Affirmatively Furthering Fair Housing’ Comes of Age" (Clearinghouse REVIEW Journal of Poverty Law and Policy, March–April 2010)

Elizabeth K. Julian, “Fair Housing And Community Development: Time To Come Together,” (Indiana Law Review, 2008)

Bob Schwemm, “Overcoming Structural Barriers to Integrated Housing: A Back‐to‐the‐Future Reflection on the Fair Housing Act’s ‘Affirmatively Further’ Mandate,” (Kentucky Law Journal vol. 100, 2011‐2012)


GAO Report

Housing & Community Development Grants: HUD Needs to Enhance Its Requirements and Oversight of Jurisdictions’ Fair Housing Plans (GAO‐10‐905)


Selected Lawsuits

Westchester false claims suit (2006) (United States of America ex. rel. Anti‐Discrimination Center of Metro New York, Inc. v. Westchester County, NY)

Westchester 2009 court decision on false claims

Additional materials on the Westchester case and enforcement are available at: 

St. Bernard Parish lawsuit, (court orders and related materials)


HUD Enforcement Actions

  • Aurora (IL) Housing Authority

  • Dallas, TX

  • Dubuque, IA

  • Galveston, TX

  • Jefferson Parish, LA

  • Joliet, IL

  • Houston, TX

  • Marin County

  • Nebraska

  • New Jersey (Hurricane Sandy)

  • St. Bernard Parish, LA

  • Sussex County, DE

  • Westchester Co., NY


AFFH in the Popular Press

Nikole Hannah‐Jones, “Living Apart: How the Government Betrayed a Landmark Civil Rights Law,” ProPublica, October 29, 2012

512: House Rules,” November 22, 2013. This American Life radio show