As a requirement of receiving funds under the Community Development Block Grant (CDBG) program, the HOME Investment Partnerships (HOME program), the Emergency Solutions Grant (ESG), and the Housing for Persons with AIDS (HOPWA) program entitlement jurisdictions must submit certification of affirmatively furthering fair housing to the U.S. Department of Housing and Urban Development (HUD). This certification has three elements:
1. Complete an Analysis of Impediments to Fair Housing Choice (AI).
2. Take actions to overcome the effects of any impediments identified.
3. Maintain records reflecting the actions taken in response to the analysis.
In the Fair Housing Planning Guide, pages 2-8, HUD provides a definition of impediments to fair housing choice as:
- Any actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial status, or national origin which restrict housing choices or the availability of housing choices [and]
- Any actions, omissions, or decisions which have [this] effect.
The list of protected classes included in the above definition is drawn from the federal Fair Housing Act, which was first enacted in 1968. However, state and local governments may enact fair housing laws that extend protection to other groups, and the AI is expected to address housing choice for these additional protected classes as well. Nevada state law also includes protections based on ancestry, sexual orientation, and gender identity or expression. Fair housing laws apply to all types of housing and housing- related transactions, including rental, sales, lending, insurance, and advertising.
The process of affirmatively furthering fair housing involves a thorough examination of a variety of sources related to housing, the fair housing delivery system, and housing transactions, particularly for persons who are protected under fair housing law. The development of an AI also includes public input and review via direct contact with stakeholders and public meetings to collect input from citizens and interested parties along with actions to overcome the identified impediments.