As of January 1, 2023,
HB 90 (2021) requires all housing elements for municipalities and non-charter counties to “affirmatively further fair housing.” This adds to the requirements to plan for affordable housing that
HB 1045 (2019) initiated in June 2020.
Furthermore, HB 90 requires the Maryland Department of Housing and Community Development (DHCD) to submit a report on fair housing to the Governor and General Assembly by Dec 1, 2023, and every five years thereafter. The bill mandates that DHCD complete this report in consultation with local governments and housing authorities in Maryland and develop a template that these partners can use to gather and present data on fair housing within their own jurisdictions.
HB 90 defines affirmatively furthering fair housing as, “taking meaningful actions… to:
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Overcome patterns of segregation;
- Foster inclusive communities free from barriers that restrict access to housing and opportunity based on protected characteristics;
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- Address significant disparities in housing needs and access to opportunity;
- Replace segregated living patterns with truly integrated and balanced living patterns; and
- Foster and maintain compliance with civil rights and fair housing laws.”
The bill intentionally refrains from specifying the actions jurisdictions must implement. Rather, they can develop their own approach for furthering fair housing in their communities, given that their chosen approach includes meaningful actions to address the issues listed above. Specifically, HB 90 added the following text to
§ 3-114 of the Land Use Article, which only impacts municipalities and non-charter counties:
(1) Local jurisdictions have a duty to affirmatively further fair housing through their housing and urban development programs.
(2) The housing element of a comprehensive plan that is enacted or amended on or after January 1, 2023, shall include an assessment of fair housing to ensure that the local jurisdiction is affirmatively furthering fair housing.
(3) On request of a local jurisdiction, the Department of Planning, in consultation with the Department of Housing and Community Development, shall provide technical assistance for the purpose of developing the housing element of a comprehensive plan.
Furthering fair housing originated at the federal level in the
Fair Housing Act of 1968, and is governed by the U.S Department of Housing and Urban Development (U.S. HUD). Many Maryland jurisdictions are already familiar with U.S HUD fair housing requirements, since they must certify that they and/or housing authorities are affirmatively furthering fair housing in
consolidated plans and annual action plans. The U.S. HUD website has detailed information on
affirmatively furthering fair housing including its 2021 Interim Final Rule,
Restoring Affirmatively Furthering Fair Housing Definitions and Certifications.
Furthering fair housing originated at the federal level in the Fair Housing Act of 1968, and is governed by the U.S Department of Housing and Urban Development (U.S. HUD). Many Maryland jurisdictions are already familiar with U.S HUD fair housing requirements, since they must certify that they and/or housing authorities are affirmatively furthering fair housing in consolidated plans and annual action plans. The U.S. HUD website has detailed information on affirmatively furthering fair housing including its 2021 Interim Final Rule, Restoring Affirmatively Furthering Fair Housing Definitions and Certifications.
Planning and DHCD are partnering to develop guidance and resources to help jurisdictions meet the 2023 fair housing reporting and comprehensive planning requirements of HB 90.
This will include researching existing resources, such as U.S. HUD’s
Affirmatively Furthering Fair Housing Rule Guidebook, considering best practices in fair housing, and outreach to fair housing organizations and housing authorities.
Planning encourages jurisdictions to begin planning for these requirements as they continue to prepare their housing elements. Please visit our HB 90 Resource page for suggestions and information on resources where you can learn more about fair housing requirements, fair housing data and engagement practices, and best practices.
Planning encourages jurisdictions to begin planning for these requirements as they continue to prepare their housing elements. Please visit our HB 90 Resource page for suggestions and information on resources where you can learn more about fair housing requirements, fair housing data and engagement practices, and best practices.
To learn more or ask questions about HB 90, or affirmatively furthering fair housing, please contact Joe Griffiths, AICP, Local Assistance and Training Manager for the Maryland Department of Planning at
joseph.griffiths@maryland.gov.
1 The Fair Housing Act (Act) prohibits discrimination because of any of the following protected characteristics: race, color, religion, sex (including Sexual Orientation or Gender Identity (LGBTQ+)), national Origin (country of origin or ancestry), disability (a physical or mental impairment that substantially limits an individual's major life activity or bodily function, being regarded as having such an impairment, or having a record of such an impairment), familial Status (parent(s) or guardian(s) living with a child or children under age 18 or pregnancy)
