A pending lawsuit against HUD challenging its suspension of its local tool for affirmative fair housing assessments has been dismissed. Earlier this year, HUD first extended the deadlines for, then withdrew, its Affirmatively Furthering Fair Housing (AFFH) Local Government Assessment Tool, which had been the subject of some controversy related to the reporting burden associated with the tool and other criticisms. The Local Government Assessment Tool is to be used by cities and other entities that receive Community Development Block Grants, HOME Investment Partnerships Program, Emergency Solutions Grants, or Housing Opportunities for Persons with AIDS formula funding from HUD. Advocates challenged HUD’s actions in a lawsuit.
Last week, the court granted HUD’s motion to dismiss the case. The court found that HUD had authority to withdraw the tool.
The dismissal comes as HUD has reopened the 2015 AFFH regulations for public comment. Comments are due October 15, 2018, and we encourage all who are interested in this topic to submit comments.