HUD HCV Guidebook § 2.3.1

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.