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Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations
disabilities, Intergovernmental relations, Loan programshousing and community development, Low and moderate income housing, Mortgage insurance, Penalties, Pets, Public housing, Rent subsidies, Reporting and recordkeeping requirements, Social security, Unemployment compensation, Wages.
24 CFR Part 91
Aged; Grant programshousing and community development; Homeless;
Individuals with disabilities; Low and moderate income housing; Reporting and recordkeeping requirements.
24 CFR Part 92
Administrative practice and procedure; Low and moderate income housing; Manufactured homes; Rent subsidies; Reporting and recordkeeping requirements.
24 CFR Part 570
Administrative practice and procedure; American Samoa;
Community development block grants;
Grant programseducation; Grant programs-housing and community development; Guam; Indians; Loan programshousing and community development; Low and moderate income housing; Northern Mariana Islands; Pacific Islands Trust Territory;
Puerto Rico; Reporting and recordkeeping requirements; Student aid; Virgin Islands.
24 CFR Part 574
Community facilities; Grant programshousing and community development; Grant programssocial programs; HIV/AIDS; Lowand moderate-income housing; Reporting and recordkeeping requirements.
24 CFR Part 576
Community facilities; Grant programshousing and community development; Grant programssocial programs; Homeless; Reporting and recordkeeping requirements.

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24 CFR Part 903
Administrative practice and procedure; Public housing; Reporting and recordkeeping requirements.
Accordingly, for the reasons described in the preamble, HUD amends 24 CFR
parts 5, 91, 92, 570, 574, 576, and 903
as follows:
PART 5GENERAL HUD PROGRAM
REQUIREMENTS; WAIVERS
1. The authority citation for part 5, subpart A, continues to read as follows:

Authority: 29 U.S.C. 794, 42 U.S.C. 1437a, 1437c, 1437c1d, 1437d, 1437f, 1437n,
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3535d, and Sec. 327, Pub. L. 109115, 119
Stat. 2936; 42 U.S.C. 36003620; 42 U.S.C.
5304b; 42 U.S.C. 12101 et seq.; 42 U.S.C.
1270412708; Executive Order 11063, 27 FR
11527, 3 CFR, 19581963 Comp., p. 652;
Executive Order 12892, 59 FR 2939, 3 CFR, 1994 Comp., p. 849.

2. Revise 5.150 to read as follows:

5.150 Affirmatively Furthering Fair Housing: Purpose.

Pursuant to the affirmatively furthering fair housing mandate in section 808e5 of the Fair Housing Act, and in subsequent legislative enactments, the purpose of the Affirmatively Furthering Fair Housing AFFH regulations is to provide program participants with a substantive definition of the AFFH requirement, as well as to provide access to an effective planning approach to aid those program participants that wish to avail themselves of it in taking meaningful actions to overcome historic patterns of segregation, promote fair housing choice, and foster inclusive communities that are free from discrimination.
3. Revise 5.151 to read as follows:
5.151 Affirmatively Further Fair Housing:
Definitions.

For purposes of 5.150 through 5.152, the terms consolidated plan, consortium, unit of general local government, jurisdiction, and State are defined in 24 CFR part 91.
For PHAs, jurisdiction is defined in 24 CFR 982.4. The following additional definitions are provided solely for purposes of 5.150 through 5.152 and related amendments in 24 CFR parts 91, 92, 570, 574, 576, and 903:
Affirmatively furthering fair housing means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially or 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 program participants activities and programs relating to housing and urban development.
Disability. 1 The term disability means, with respect to an individual:

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i A physical or mental impairment that substantially limits one or more major life activities of such individual;
ii A record of such an impairment;
or iii Being regarded as having such an impairment.
2 The term disability as used herein shall be interpreted consistent with the definition of such term under section 504 of the Rehabilitation Act of 1973, as amended by the Americans with Disabilities Act Amendments Act of 2008. This definition does not change the definition of disability or disabled person adopted pursuant to a HUD program statute for purposes of determining an individuals eligibility to participate in a housing program that serves a specified population.
Fair housing choice means that individuals and families have the information, opportunity, and options to live where they choose without unlawful discrimination and other barriers related to race, color, religion, sex, familial status, national origin, or disability. Fair housing choice encompasses:
1 Actual choice, which means the existence of realistic housing options;
2 Protected choice, which means housing that can be accessed without discrimination; and 3 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 individuals needs as required under Federal civil rights law, including disability-related services that an individual needs to live in such housing.
Housing programs serving specified populations. Housing programs serving specified populations are HUD and Federal housing programs, including designations in the programs, as applicable, such as HUDs Supportive Housing for the Elderly, Supportive Housing for Persons with Disabilities, homeless assistance programs under the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq., and housing designated under section 7 of the United States Housing Act of 1937
42 U.S.C. 1437e, that:
1 Serve specific identified populations; and 2 Comply with title VI of the Civil Rights Act of 1964 42 U.S.C. 2000d 2000d4 Nondiscrimination in Federally Assisted Programs; the Fair Housing Act 42 U.S.C. 360119, including the duty to affirmatively
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