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GMMG LLC FAIR HOUSING PRESENTATION FOR NCDA FEBRUARY 25, 2008. HUD’S MISSION. To provide decent safe sanitary housing free from illegal housing discrimination. APPLICABLE STATUES. Title VI of the Civil Rights Act of 1964 and as amended in 1988
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HUD’S MISSION To provide decent safe sanitary housing free from illegal housing discrimination
APPLICABLE STATUES • Title VI of the Civil Rights Act of 1964 and as amended in 1988 • Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance. • Fair Housing Act (42 U.S.C. 3601-3619) • Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions,based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).
APPLICABLE STATUES • Architectural Barriers Act of 1968 • The Architectural Barriers Act requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons. • Title IX of the Education Amendments Act of 1972 • Title IX prohibits discrimination on the basis of sex in education programs or activities that receive federal financial assistance. • Section 504 of the Rehabilitation Act of 1973 • Section 504 prohibits discrimination based on disability in any program • or activity receiving federal financial assistance.
APPLICABLE STATUES • Section 508 of the Rehabilitation Act of 1973 • Section 508 was enacted to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals. • Section 109 of Title I of the Housing and Community • Development Act of 1974 • Section 109 prohibits discrimination on the basis of race, color, national origin, sex or religion in programs and activities receiving financial assistance from HUD's Community Development and Block Grant Program.
APPLICABLE STATUES • Section 508 of the Rehabilitation Act of 1973 • Section 508 was enacted to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals. • Section 109 of Title I of the Housing and Community • Development Act of 1974 • Section 109 prohibits discrimination on the basis of race, color, national origin, sex or religion in programs and activities receiving financial assistance from HUD's Community Development and Block Grant Program.
HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 REQUIRES A CONSOLIDATED PLAN TO: • 1.Examine and attempt to alleviate housing discrimination within their jurisdiction • 2.Promote fair housing choice for all persons • 3.Provide opportunities for all persons to reside in any given housing development, regardless of race, color, religion,sex, disability familial status or national origin • 4.Promote housing that is accessible to and usable by persons with disabilities • 5.Comply with the non-discrimination requirements of the fair housing act
WHAT DOES AFFIRMATIVLY FURTHERING FAIR HOUSING REQUIRE: • 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 the analysis • 3.Maintaining records reflecting the analysis and actions taken
IMPEDIMENTS TO FAIR HOUSING CHOICE • 1.Any actions,omissions or decisions taken because of race, color, religion,sex, disability,familial status, or national origin that restrict housing choices or the availability of housing choice • 2.Any actions, omissions or decisions that have the effect of limiting the housing choices of people.
HOW TO CONDUCT AN ANALYSIS OF IMPEDIMENTS • 1.Review demographic data regarding the jurisdiction’s population and housing • 2.Examine mortgage and rehabilitation lending patterns by race and ethnic group • 3.Identify the number of accessible housing units for persons with disabilities • 4.Review the number of civil rights findings resulting from discrimination complaint filings and court decisions • 5.Obtain results of fair housing testing activity • 6.Examine occupancy requirements that might unlawfully limit group homes for persons with disabilities, or families with children
HOW TO CONDUCT AN ANALYSIS OF IMPEDIMENTS • 7.Examine geographic patterns related to the use of housing choice vouchers and the placement of assisted housing projects • 8. Review efforts to assist and serve persons who have limited English proficiency to function more effectively in the housing market and assert their rights under civil rights laws.
WHO SHOULD BE INCLUDED AS PARTICIPANTS OF THE ANALYSIS OF IMPEDIMENTS • Fair housing organizations • Advocacy groups • Banks and other financial institutions • Neighborhood associations or groups • Housing counseling agencies • Organizations and agencies that serve protected classes (e.g., advocacy • agencies for people with disabilities) as well as low-income families • General public • Housing providers • Educational institutions
THE AI FOR A STATE OR MULTI-JURISDITIONAL CDBG • State-level commissions (such as the Commission on Women, Commission on Latino Affairs, Commission on Veterans, Rehabilitation Commission, etc.) • Other State Departments (such as TANF, Aging Department, Family and Children’s Services, Housing Finance Agency, Department of Banking, agency with oversight over real estate licensing, etc.) • Advocacy groups • Associations (such as banking, real estate, low-income housing, human relations councils, fair housing associations, etc.)
IMPLEMENT ACTIONS TO ADDRESS IDENTIFIED IMPEDIMENTS • 1.Ensure that there is continuing education on the wide variety of fair housing issues. • 2.The grantee should undertake actions to overcome the effects of the impediments it identifies • 3. The grantee should ensure that the steps undertaken address • the impediments identified.
OPTIONS FOR DEVELOPING STRATEGIES • Target high visibility action items • Target high impact action items • Change local ordinances • Meet regularly with community organizations • Identifying opportunity areas • Ensure that zoning encourages development of low income housing in opportunity areas • Educate local government elected officials and staff on fair housing requirements, impediments identified and actions being taken
OPTIONS FOR DEVELOPING STRATEGIES • Pass a substantially equivalent fair housing ordinance • Establish a statewide commission to address issues identified during the analysis of impediments • Providing training to local communities on initiatives that can be taken to affirmatively further fair housing • Provide workshops throughout the state on discrimination and housing segregation • Coordinate metropolitan-wide or regional fair housing activities to ensure that issues are addressed on a regional level • Work with individual communities on zoning laws that appear to restrict housing for the disabled
OPTIONS FOR DEVELOPING STRATEGIES • Establish a fair housing commission after passing a substantially equivalent fair housing law • Provide education to the building industry on accessibility requirements of the Fair Housing Act
MAINTAIN RECORDS OF ANALYSIS AND ACTIONS TAKEN 1. Retain a copy of the analysis of impediment 2. Record actions taken 3. Keep minutes of public meetings held 4. Keep and record the involvement of the chief executives/and or elected officials 5. Keep records on outreach to organizations 6. Keep copies of maps, census data, rental and homeownership data