HUD Sets Stage for FCA Claims Against Fund Recipients
Jeffrey P. Naimon & Valerie L. Hletko
July 23, 2013
The Fair Housing Act requires agencies to administer their programs and activities relating to housing and urban development “affirmatively to further” fair housing. Recipients of U.S. Department of Housing and Urban Development program funding currently are required to conduct a fairly unstructured analysis of impediments to fair housing choices and certify that they will affirmatively further fair housing.
A HUD rule proposed on July 18 details in sweeping fashion the obligation that all recipients of funds have to “affirmatively further fair housing” (AFFH). At the heart of the new rule is a definition of AFFH itself, which requires, in addition to anti-discrimination measures, “proactive steps” to “foster more inclusive communities and access to community assets for all persons protected by the Fair Housing Act.”
The rule had been sitting on HUD’s agenda for more than five years. Why issue it now?
Originally published in Law360. Reposted with permission.