Surviving a FHEO Compliance Review and Complying with AFFH

1. Surviving a FHEO Compliance Review and Complying with AFFH

2. What is a Compliance Review? • Compliance reviews (Audits) are HUD initiated assessments of a housing provider’s practices. • Compliance reviews generally cover a number of issues and bases. • Title VI, Section 109, Section 504, Section 3, ADA, AFFH & Equal Access Rule.

3. Review Topics for Title VI, Section 109& Section 504 • Analysis of demographic data for race, color, national origin, religion, sex and disability in the jurisdiction. • Affirmative efforts to involve racial minorities, female-headed households and persons with disabilities in citizen participation process.

4. Review Topics for Title VI, Section 109 & Section 504 • Collect and maintain records showing extent to which racial and ethnic minorities, female-headed households and persons with disabilities are participating in its federal programs. • Both applicants and beneficiaries.

5. Review Topics for Section 3 • Notification of Section 3 Residents and Businesses. • Incorporation of Section 3 Clause in notices and contracts. • Facilitating training and employment of Section 3 residents and award of Section 3 contracts. • Documenting Actions taken to comply with Section 3. • Reporting Section 3 efforts.

6. Equal Access Rule Review topics • Housing must be made available without regard to actual or perceived sexual orientation, gender identity, or marital status. • Definition of a family must include persons regardless of sexual orientation, gender identity, or marital status. • Prohibit inquiries of an applicant’s or occupant’s sexual orientation or gender identity.

7. Review topics for Affirmatively Furthering Fair Housing • Conducting an Analysis of Impediments to fair housing choice within the jurisdiction. • Taking appropriate actions to overcome the effects of the impediments identified through the analysis. • Maintaining records reflecting the analysis and the actions taken.

8. AFFH Responsibilities • The Fair Housing Act imposes an affirmative obligation by requiring recipients to do something “more than simply refrain from discriminating themselves or aiding others in not discriminating.” • HUD has interpreted the affirmative obligations of the Fair Housing Act to mean that recipients must: • Analyze and eliminate housing discrimination in the jurisdiction; • Promote fair housing choice for all persons;

9. AFFH Responsibilities Cont. • Provide opportunities for inclusive patterns of housing occupancy, regardless of race, color, national origin, religion, sex, familial status, or disability; • Promote housing that is structurally accessible to, and usable by, people with disabilities; and • Foster compliance with the nondiscrimination provisions of the Fair Housing Act.

10. The Compliance Review

11. Data Reviewed • Conplans, AAP’s, CAPERs, and AI’s. • Citizen participation plans. • LEP process and LAP. • Effective Communication policy. • Reasonable Accommodation policy. • Section 504 Grievance Procedure. • Section 504 Nondiscrimination Notice.

12. Data Reviewed Cont. • Identification of Section 504/ADA Coordinator. • Section 504/ADA self-evaluation and transition plan recipient and subrecipients. • Physical Accessibility using UFAS. • Section 3 plans and Section 3 reports (6002’s).

13. Data Reviewed Cont. • Section 3 notices and contracts. • Beneficiaries of programs funded. • Monitoring process. • Copies of brochures and outreach materials. • Copies of public notices. • Program policy manuals.

14. Implementation • Review of how you are implementing the Civil Rights regulations and requirements in your programs. • What documentation do you have that shows you are complying.

15. Staff interviews, file and records reviews • Interview staff responsible for each program area. • Program file review. • Subrecipient file review.

16. File and records reviews • Monitoring file review. • Reasonable accommodation requests and outcomes. • Grievances filed.

17. After the on-site review Letter of Findings • Preliminary finding of compliance or noncompliance. • Notifies the housing provider of the results of the compliance review.

18. Voluntary Compliance Agreement (VCA) • Accompanies Preliminary Findings of Noncompliance. • Proposes remedies. • Negotiable.

19. If Voluntary Compliance is Not Achieved • Administrative hearing leading to termination of Federal assistance. • Referral to Department of Justice.

20. What can recipients do to prepare?

21. Most Common Violations • Not having a complete and meaningful AI. • Not incorporating AI into Conplans, AAP’s and CAPER’s. • Not implementing the LAP. • Not implementing Citizen participation plan. • Not analyzing participation rates of applicants and beneficiaries.

22. Most Common Violations • Not having or implementing an Effective Communication policy. • Not having or implementing a Reasonable Accommodation policy. • Not having or implementing Grievance procedures. • Not monitoring effectively for the Civil Rights requirements.

23. Why the Fuss over AFFH • AFFH – a requirement of the Fair Housing Act. • 45 years since the passage of the Fair Housing Act. • Proposed rule been in works for many years. • Assist local and state governments in tackling segregation in their communities and opening housing to everyone.

24. Quality Plans to AFFH Three-Pronged AFFH Certification [24 C.F.R. § 570.61 (a)(2) (2010)] CPD recipients certify annually that they will affirmatively further fair housing by: 1) Conducting an analysis to identify impediments to fair housing choice within the jurisdiction; 2) Taking appropriate actions to overcome the effects of any impediments identified through that analysis; and 3) Maintaining records reflecting the analysis and actions in this regard.

25. Conducting an AI • Essential Elements of an AI • A complete review of the laws, regulations, administrative policies, procedures, and practices; • An assessment of how those laws, regulations, administrative policies, procedures, and practices affect the location, availability, and accessibility of housing; • An assessment of conditions, both public and private, affecting housing choice for people in all protected classes; and • An assessment of the availability of affordable, accessible housing in a range of unit sizes.

26. Conducting an AI • Six Core Components of an AI 1) Segregation and Integration 2) Racially and Ethnically Concentrated Areas of Poverty (RCAP/ECAP) 3) Access to Opportunity 4) Fair Housing Environment 5) Infrastructure Investments 6) Public Participation

27. Fair Housing Plan • Utilize the AI for program planning using the consolidated planning process! • Create long term action plan using the five-year consolidated plan. • Plan specific annual actions to address impediments through annual action plans. • Set realistic AFFH goals.

28. Fair Housing Plan • Plan specific AFFH actions: • What? Who? When? Where? • Set specific measurable goals. • Use a holistic approach: • Draw connections between planned program year activities, impediments, and actions to overcome.

29. Documenting Actions • Document all AFFH plans and actions within HUD submissions: • ConPlans: Document long term action plans. • Annual Action Plans: Document specific annual actions planned. • CAPERs: Document actions implemented to overcome the effects of impediments and include measurable outcomes for people in protected classes. • Maintain records that establish the connections between identified impediments, established priority housing needs, funded activities, and actions to affirmatively further fair housing.

30. AFFH Proposed Rule Process • Published July 19, 2013 • Available for public comment: www.regulations.gov • Everyone is encouraged to participate in this rulemaking process! • MORE TO COME!

31. Thank you !

32. For more information contact: Michele Hutchins, Equal Opportunity Specialist Office of Fair Housing & Equal Opportunity U.S. Department of Housing & Urban Development 125 S. State Street, Room 3001 Salt Lake City, UT 84138 (801) 524-6097-Direct line (801) 524-6909-TDD line 1-800-877-7353 – Denver Toll Free email: michele.hutchins@hud.gov