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Steed Robinson – Office of Community Development

Fair Housing/Equal Opportunity. September 4, 2014 . Steed Robinson – Office of Community Development.

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Steed Robinson – Office of Community Development

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  1. Fair Housing/Equal Opportunity • September 4, 2014 Steed Robinson – Office of Community Development

  2. “The Georgia Department of Community Affairs is committed to providing all persons with equal access to its services, programs, activities, education and employment regardless of race, color, national origin, religion, sex, familial status, disability or age.”

  3. What is Fair Housing/Equal Opportunity? • Ensuring non-discriminatory treatment and equal access to all recipients of federal funds (including CDBG) • Affirmatively Furthering Fair Housing

  4. Applicability • Infrastructure improvements • Public Facilities • Neighborhood Revitalization • Economic Development • Down-Payment Assistance • Section 8 Rental Assistance • Any activity receiving federal funds

  5. Applicable Categories • Race • Color • National origin • Religion • Gender • Familial Status • Disability Status • Age • Any other protected categories of persons

  6. Applicable Laws and Regulations • Several Federal laws protect individuals from discrimination and apply to CDBG funded activities. These include: • Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. • Section 109 of the HCD Act of 1974, Title I - Prohibits discrimination on the basis of race, color, national origin, disability, age, religion, and sex within Community Development Block Grant (CDBG) programs or activities.

  7. Applicable Laws and Regulations • Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) prohibits discrimination in housing-related transactions on the above basis as well as familial status and disability. • Section 104(b)(2) of the Housing and Community Development Act of 1974 – requires that each grantee certify that the grant will be administered in conformance with the Fair Housing Act and that the grantee will “affirmatively further fair housing” (AFFH).

  8. Applicable Laws and Regulations • Section 504 of the Rehabilitation Act of 1973 as amended – prohibits discrimination based on disability in any program or activity receiving federal financial assistance. • Title II of the Americans with Disabilities Act of 1990 (ADA) – Prohibits discrimination against persons with disabilities in all services, programs and activities made available by State and local governments.

  9. Applicable Laws and Regulations • Architectural Barriers Act of 1968 – requires that buildings constructed or assisted with federal funds be accessible to and usable by handicapped persons. • Section 3 of the Housing and Urban Development Act of 1968 - requires that employment and other economic opportunities arising in connection with housing rehab, construction or other public construction projects shall be given to low- and very low-income persons, to greatest extent feasible (24 CFR Part 135 and 24 CFR 570.487).

  10. Applicable Laws and Regulations • States and Local Governments receiving CDBG funds must certify that they will affirmatively further fair housing (24 CFR 570.487 and 24 CFR Part 91.325 (a)(1)).

  11. Affirmatively Furthering Fair Housing No statutory definition but HUD requires a jurisdiction to: • Conduct analysis to identify impediments to fair housing choice • Take appropriate action to overcome impediments identified • Maintain records to reflect the analysis and actions taken

  12. What Can Local Governments do to Enhance AFFH Efforts? • Identify/enlist organizations that provide housing services (housing counseling agencies, etc.) • Offer referral services to fair housing advocacy groups that conduct ordinance, regulatory and/or restrictive covenant reviews • Educate code enforcement staff on accessibility requirements for newly constructed facilities • Conduct/sponsor Fair Housing Seminars or other “Housing Fair” type activities

  13. Complaints/Violations of FHEO • Any and all citizen complaints are reported to HUD Fair Housing/Equal Opportunity (FHEO) for investigation. • Additional information can be obtained in the CDBG Recipient Manual or at HUD www.hud.gov

  14. Summation • Protected classes • Applies broadly to our activities • Outreach/Access • Complaint process • Documentation

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