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Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations further fair housing; section 504 of the Rehabilitation Act of 1973 29 U.S.C.
794; the Americans with Disabilities Act 42 U.S.C. 12101, et seq.; and other Federal civil rights statutes and regulations.
Integration means a condition, within the program participants geographic area of analysis, in which there is not a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a particular type of disability when compared to a broader geographic area. For individuals with disabilities, integration also means that such individuals are able to access housing and services in the most integrated setting appropriate to the individuals needs. The most integrated setting is one that enables individuals with disabilities to interact with persons without disabilities to the fullest extent possible, consistent with the requirements of the Americans with Disabilities Act 42 U.S.C. 12101 et seq.
and section 504 of the Rehabilitation Act of 1973 29 U.S.C. 794. See 28 CFR
part 35, appendix B 2010 addressing 28 CFR 35.130 and providing guidance on the Americans with Disabilities Act regulation on nondiscrimination on the basis of disability in State and local government services.
Meaningful actions means significant actions that are designed and can be reasonably expected to achieve a material positive change that affirmatively furthers fair housing by, for example, increasing fair housing choice or decreasing disparities in access to opportunity.
Racially or ethnically concentrated area of poverty means a geographic area with significant concentrations of poverty and minority populations.
Segregation means a condition, within the program participants geographic area of analysis, in which there is a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a type of disability in a particular geographic area when compared to a broader geographic area.
For persons with disabilities, segregation includes a condition in which the housing or services are not in the most integrated setting appropriate to an individuals needs in accordance with the requirements of the Americans with Disabilities Act 42 U.S.C. 12101, et seq., and section 504 of the Rehabilitation Act of 1973 29 U.S.C.
794. See 28 CFR part 35, appendix B
2010, addressing 25 CFR 35.130.
Participation in housing programs serving specified populations as defined in this section does not present
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a fair housing issue of segregation, provided that such programs are administered to comply with title VI of the Civil Rights Act of 1964 42 U.S.C.
2000d2000d4 Nondiscrimination in Federally Assisted Programs: The Fair Housing Act 42 U.S.C. 360119, including the duty to affirmatively further fair housing: Section 504 of the Rehabilitation Act of 1973 29 U.S.C.
794; the Americans with Disabilities Act 42 U.S.C. 12101, et seq.; and other Federal civil rights statutes and regulations.
Significant disparities in access to opportunity means substantial and measurable differences in access to educational, transportation, economic, and other important opportunities in a community, based on protected class related to housing.
4. Add 5.152 to read as follows:
5.152 AFFH Certification and Administration.

a Certifications. Program participants must certify that they will comply with their obligation of affirmatively furthering fair housing when required by statutes or regulations governing HUD programs. Such certifications are made in accordance with applicable regulations.
Consolidated plan program participants are subject to the certification requirements in 24 CFR part 91, and PHA Plan program participants are subject to the certification requirements in 24 CFR part 903.
b Administration. To assist program participants in carrying out their obligation of affirmatively furthering fair housing, and supporting their certifications pursuant to paragraph a of this section, HUD will provide technical assistance to program participants in various ways, including by:
1 Making HUD-provided data and informational resources available, including about how to voluntarily engage in fair housing planning, such as:
i Analyzing fair housing data, assessing fair housing issues and contributing factors, assessing fair housing priorities and goals; taking meaningful actions to support identified goals; and taking no action that is materially inconsistent with the obligation to affirmatively further fair housing; or ii Conducting an analysis to identify impediments to fair housing choice within the jurisdiction, taking appropriate actions to overcome the effects of any impediments identified through that analysis, and maintaining
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records reflecting the analysis and actions in this regard; or iii Engaging in other means of fair housing planning that meaningfully supports this certification;
2 Permitting a program participant to voluntarily submit its fair housing planning for HUD feedback from the responsible office; and 3 Engaging in other forms of technical assistance.
c Procedure for challenging the validity of an AFFH certification. The procedures for challenging the validity of an AFFH certification are as follows:
1 For consolidated plan program participants, HUDs challenge to the validity of an AFFH certification will be as specified in 24 CFR part 91.
2 For PHA Plan program participants, HUDs challenge to the validity of an AFFH certification will be as specified in 24 CFR part 903.
d Definitions. For purposes of this section, the following definitions apply:
1 Data refers collectively to the sources of data provided in paragraphs d1i and d1ii of this definition.
When identification of the specific source of data in paragraphs d1i and d1ii is necessary, the specific source HUD-provided data or local data will be stated.
i HUD-provided data. The term HUD-provided data refers to HUDprovided metrics, statistics, and other quantified information that may be used when conducting fair housing planning.
HUD-provided data will not only be provided to program participants but will be posted on HUDs website for availability to all of the public;
ii Local data. The term local data refers to metrics, statistics, and other quantified information, relevant to the program participants geographic areas of analysis, that can be found through a reasonable amount of search, are readily available at little or no cost, and may be used to conduct fair housing planning.
2 Program participants means:
i Jurisdictions and Insular Areas, as described in 570.405 and defined in 570.3, that are required to submit consolidated plans for the following programs:
A The Community Development Block Grant CDBG program see 24
CFR part 570, subparts D and I;
B The Emergency Solutions Grants ESG program see 24 CFR part 576;
C The HOME Investment Partnerships HOME program see 24
CFR part 92; and D The Housing Opportunities for Persons With AIDS HOPWA program see 24 CFR part 574.
ii Public housing agencies PHAs receiving assistance under sections 8 or
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