Cooper/Plaza memo on Analyses of Impediments

U.S. Department of Housing and Urban Development
Washington, D.C.

Feb. 14, 2000

MEMORANDUM FOR: All CPD Field Office Directors All FHEO Field Office Directors

FROM:    Cardell Cooper, Assistant Secretary for Community Planning and Development   [Signature]
                Eva M. Plaza, Assistant Secretary for Fair Housing end Equal Opportunity [Signature]

SUBJECT: Analysis of Impediments To Fair Housing Choice

This memorandum provides guidance to field offices regarding the requirement that state and local entitlement jurisdictions receiving funding through the Consolidated Plan prepare an Analysis of Impediments (AI) to Fair Housing Choice. This guidance should be communicated to all program participants.

The Consolidated Plan regulation (24 CFR 91) requires each state and local government to submit a certification that it is affirmatively furthering fair housing. This means that it will conduct (1) an analysis of impediments to fair housing choice, (2) take appropriate actions to overcome the effects of impediments identified through that analysis, and (3) maintain records reflecting the analysis and actions.

In response to requests from state and local governments, the Department developed a Fair Housing Planning Guide and training program to assist in fair housing planning and in fulfilling the fair housing requirements of the Consolidated Plan and Community Development Block Grant regulations. The Guide provides information on how to conduct an AI, undertake activities to overcame identified impediments, and maintain documentary records. The Guide should be used by state and local governments to conduct or update their AIs.

The Guide defines the AI as a comprehensive review of a state's or entitlement jurisdiction's laws, regulations, and administrative policies, procedures, and practices. The AI involves an assessment of how these laws,  regulations, policies, and procedures effect the location, availability, and accessibility of housing and how conditions, both private and public, affect fair housing choice.

A jurisdiction must include a summary of the impediments identified in the AI plus a description of actions taken to overcome the effects of impediments identified through the analysis in their Consolidated Annual Performance and Evaluation Report.  Although AIs are not submitted or approved by HUD, each jurisdiction should maintain its AI and update the AI annually where necessary, and include actions the jurisdiction plans to take to overcome the effects of impediment. to fair housing choice  during the coming year in the Annual Plans that are submitted as part of the Consolidated Plan submission.

HUD can require the submission of an Al in the event of a complaint or as part of routine monitoring. If after reviewing all documents and data, HUD concludes that (1) the jurisdiction does not have an Al, (2) an AI was substantially incomplete, (3) no actions were taken, (4) the actions taken were plainly inap propriate to address identified impediments, or (5) the jurisdiction has no records, the Department would provide notice to the jurisdiction that it believes the certification to be inaccurate or, in the case of certifications applicable to the CDBG program, that the certification is not satisfactory to the Secretary.  In connection with this review, HUD will consider whether a program participant has made appropriate revisions to update the AI.

HUD will work with the jurisdiction to determine actions necessary to address issues raised concerning compliance with the certification. These actions may take the form of a special assurance which describes actions to overcome the effects of identified impediments and which includes a timetable for accomplishing these actions.

If you have any questions regarding this guidance, please contact Nadab Bynum at (202) 708-2565 x 4630 (for CPD) or Pam Walsh at (202) 708-2288 x 7017 (for FHEO).