HUD Extends AFH Deadline for Local Governments

Tomorrow, HUD will publish a notice in the Federal Register titled “Affirmatively Furthering Fair Housing: Extension of Deadline for Submission of Assessment of Fair Housing for Consolidated Plan Participants.” The notice states that for local government consolidated plan participants, the deadline for submitting their Assessment of Fair Housing (AFH) will be extended to the next AFH submission date after October 31, 2020. Although the notice will be effective immediately after publication in the Federal Register, HUD is inviting public comment for 60 days on the extension. [1/5/18 Edit – Comments are due by March 6, 2018.]

The notice extends the deadline for submission of an AFH to all local government consolidated plan program participants to the AFH submission deadline after October 31, 2020. Local governments that qualified for a previous extension under a October 24, 2016 notice are also covered under this extension. All local government program participants must still comply with the statutory obligation of affirmatively furthering fair housing.

Until a consolidated plan program participant is required to submit an AFH, it will continue to provide the AFFH Consolidated plan certification in accordance with requirements that existed prior to August 17, 2015. These requirements obligated a program participant to certify that it would affirmatively further fair housing by conducting an Analysis of Impediments (AI) to fair housing choice within the jurisdiction and take action to overcome the effects of the identified impediments.

For program participants starting a new 3 to 5 year consolidated plan cycle, the AI should continue to be updated until those consolidated plan program participants submit an AFH after October 31, 2020. Program participants that have already submitted an AFH which has been accepted by HUD must continue to execute the goals of that AFH (they are not required to perform an additional AI). Program participants that received a non-accept decision should not submit their revised AFHs. HUD will discontinue the review of AFHs currently under review and will not render an accept, deemed accepted, or non-accept determination.

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HUD Posts Updated ’18 Operating Subsidy Processing Schedule

HUD has posted it’s updated schedule for Calendar Year (CY) 2018 Operating Subsidy Process to the CY 2018 Operating Subsidy Processing Webpage.

HUD will release the PHA tools Form HUD-52723 and Form HUD-52722 by Friday, Jan. 12, or earlier. PHAs must submit these forms to their Field Offices no later than February 2. HUD will publish preliminary eligibility for 2018 based upon HUD-52723 by March 5, and and PHAs will be required to contact HUD with any issues regarding their preliminary eligibility by March 12.

 

2012 Offset Litigation Update

This update is for the plaintiffs of the 2017 judgment on the 2012 public housing offset litigation (the first round of litigation.)

The Department of Justice (DOJ) sent a request to the Judgment Fund for the payment of damages on December 21, 2017, for all but 23 of the plaintiffs. The reason a payment request was not sent for the other 23 is that the plaintiff’s attorneys did not have the banking information when they originally sent the information for the other plaintiffs to DOJ. The attorneys now have the banking information for 18 of the 23 and will send it to DOJ in the near future. If you are one of the five remaining plaintiffs that have not submitted your banking information, submit your banking information as soon as possible to the plaintiff’s attorneys.

Assuming there aren’t any problems with the information that DOJ sent to the Judgment Fund, the awardee plaintiffs should receive the damages to which you are entitled in a few weeks. Please note that the Judgment Fund will not notify you when it wires your payments to you. Therefore, you will have to monitor the bank account into which you requested that the funds be wired to determine when you receive your payment.