Westchester to the Future -or- Will the Teacher Finally Start Checking Homework?

*this post was co-authored by Rob Breymaier

Today, it is likely that most if not all of the 1,200+ states, counties, and municipalities across the country that receive CDBG funds are revisiting their plans and procedures. The Anti-Discrimination Center of Metro New York v. Westchester County settlement, announced last week, requires Westchester to make up for years of neglect regarding the affirmative furthering of fair housing – namely, addressing the impediments to fair housing choice that perpetuate segregation. As HUD’s Deputy Secretary Ron Sims noted during the press conference announcing the settlement, after nearly a decade of lax federal oversight communities around the nation are now “on notice”.

The case makes clear that recipients of federal housing and community development funds “must comply with, inter alia, the provisions of the Housing and Community Development Act, including the requirement that it affirmatively further fair housing”, which it goes on to define as pro-integrative housing policies. Long ignored and often misunderstood, affirmative furthering of fair housing has always been about promoting, fostering, and sustaining integration in the housing market.

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Figuring Out How to Affirmatively Further Fair Housing

Things have changed dramatically at HUD, but there is still a long way to go. I am reminded of someone who is slowly rebuilding a car and turns the engine over for the first time – it’s a milestone, but there’s much work to be done before you can cruise around in a sweet ride.

Take, for example, adopting regulations to clearly define and expand what it means to “affirmatively further fair housing” (AFFH). A requirement of recipients of federal housing dollars (and a few others), this executive order mandates that programs and plans aren’t just neutral when it comes to segregation and fair housing but rather actively advance opportunity and integration. At the end of the Clinton administration draft rules were circulated and public comments were received, but this work was abandoned under Bush. Much to their credit, the new administration at HUD has moved quickly to rectify their 8-year absence on the topic.

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