§1437e must do to affirmatively further fair housing and the tool by which they can identify those steps. On August 17, 2015, the United States Department of Housing and Urban Development (“HUD”) adopted the Final Affirmatively Furthering Fair Housing Rule (“AFFH” or “the rule”) which governs what block grant recipients of HUD CPD (Office of Community Planning and Development, a division of HUD) funds and Public Housing Authorities funded under 42 U.S.C. HUD’s Affirmatively Furthering Fair Housing Rule Land use practices should be reviewed with this in mind and exceptions or less restrictive practices that will assist in promoting diverse neighborhoods and communities should be considered. In some instances, zoning or land use practices may be facially neutral but have the effect of limiting the access of one or more protected classes to certain areas or neighborhoods. Jurisdictions receiving block grant funds directly should also examine the potential barriers caused by their land use laws and practices during the creation of their local AIs and as part of certifying to affirmatively further fair housing choice. Local jurisdictions should review best practices for affirmatively furthering fair housing choice and consider their adoption.
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