Analysis of Impediments
The Analysis of Impediments (AI) to Fair Housing Choice is a Fair Housing Planning Process that begins with a review of impediments to fair housing choice in the public and private sector and that will result in a Fair Housing Plan.
The AI involves:
- A comprehensive review of a State or Entitlement jurisdiction’s laws, regulations, and administrative policies, procedures, and practices
- An assessment of how those laws, etc. affect the location, availability, and accessibility of housing
- An assessment of conditions, both public and private, affecting fair housing choice for all protected classes
- An assessment of the availability of affordable, accessible housing in a range of unit sizes.
Impediments to fair housing choice are:
- Any actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial status, national origin, marital status, sexual orientation, age, gender identity, creed or source of income, which restrict housing choices or the availability of housing choices
- Any actions, omissions, or decisions which have the effect of restricting housing choices or the availability of housing choices on the basis of race, color, religion, sex, disability, familial status, national origin, marital status, sexual orientation, age, gender identity, creed or source of income.
Affirmatively Furthering Fair Housing (AFFH)
AFFH involves taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation. It means fostering inclusive communities that do not restrict access to opportunities based on someone’s race, color, religion, sex, familial status, national origin, disability or other state, county or local protected classes.
Examples of meaningful actions include:
- Overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with A truly integrated and balanced living patterns.
- Transforming racially and ethnically concentrated areas of poverty into areas of opportunity and fostering and maintaining compliance with civil rights and fair housing laws.
The duty to affirmatively further fair housing extends to all of a jurisdiction’s activities and programs relating to housing and urban development.
[Source: (24 C.F.R. § 5.152)]
Fair Housing Choice
Fair housing choice encompasses
- actual choice, which means the existence of realistic housing options;
- protected choice, which means housing that can be accessed without discrimination; and
- enabled choice, which means realistic access to sufficient information regarding options so that any choice is informed. For persons with disabilities, fair housing choice and access to opportunity include access to accessible housing and housing in the most integrated setting appropriate to an individual’s needs.