Transcript Glenn Misner

Fair Housing/Equal Opportunity
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September 4, 2014
Glenn Misner
FHEO
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“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.”
September 2014
FHEO
What is Fair Housing/Equal Opportunity?
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Ensuring non-discriminatory treatment and equal access to all
recipients of federal funds (including CDBG).
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Affirmatively Furthering Fair Housing.
September 2014
FHEO
Applicability
 Infrastructure
improvements
 Public Facilities
 Neighborhood Revitalization
 Economic Development
 Down-Payment Assistance
 Section 8 Rental Assistance
 Any activity receiving federal funds
September 2014
FHEO
Applicable Categories
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Race
Color
National origin
Religion
Gender
Familial Status
Disability Status
Age
Any other protected categories of persons
September 2014
FHEO
Applicable Laws and Regulations
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Several Federal laws protect individuals from discrimination and apply to CDBG
funded activities. These include:
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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.
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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.
September 2014
FHEO
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).
September 2014
FHEO
Applicable Laws and Regulations
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Section 504 of the Rehabilitation Act of 1973 as amended – prohibits
discrimination based on disability in any program or activity receiving
federal financial assistance.
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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.
September 2014
FHEO
Applicable Laws and Regulations
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Architectural Barriers Act of 1968 – requires that buildings constructed or
assisted with federal funds be accessible to and usable by handicapped
persons.
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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).
September 2014
FHEO
Applicable Laws and Regulations
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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)).
September 2014
FHEO
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
September 2014
FHEO
Affirmatively Furthering Fair Housing
These objectives mean jurisdictions should take action to:
 Analyze and eliminate housing discrimination
 Promote fair housing choice for all persons
 Provide opportunities for inclusive patterns of housing occupancy regardless of race,
color, religion, sex, familial status, disability and national origin
 Promote housing that is structurally accessible to, and useable by, all persons,
particularly persons with disabilities
 Foster compliance with the nondiscrimination provisions of the Fair Housing Act
September 2014
FHEO
State Government Responsibilities
Identifying
impediments to fair housing choice
Conducting fair housing planning
Taking actions to overcome the identified
impediments
Maintaining records
Assuring that local governments comply with
certifications.
September 2014
FHEO
What Has DCA Done to Enhance AFFH Efforts?
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FHEO Audit
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Affirmatively Furthering Fair Housing
 Develop Department-wide Effective Communication Policy
 Outlines DCA’s policies to ensure equal access to programs for:
 Persons who are disabled
 Provide Reasonable Accommodations
 Appoint 504/ADA Coordinator
 Complete “Self-Assessment”
September 2014
FHEO
What Has DCA Done to Enhance AFFH Efforts?
Develop Department-wide Effective Communication Policy (Cont.)
Outlined DCA’s policies to ensure equal access to programs
for:
Persons who are disabled
 Provide alternate formats (where feasible)
 Enhance outreach efforts
 Develop grievance procedures (internal and external)
September 2014
FHEO
What Has DCA Done to Enhance AFFH Efforts?
Develop Department-wide Effective Communication Policy (Cont.)
 Limited
English Proficient (LEP) persons
 Develop a Language Access Plan (LAP)
 Complete analysis to identify who may need assistance
 18 Georgia counties meet the DOJ threshold of 5% of
population who speak a language at home other than
English as their primary language and speak English
“not well” or “not at all” (Spanish).
September 2014
FHEO
What Has DCA Done to Enhance AFFH Efforts?
Develop Department-wide Effective Communication Policy (Cont.)
Develop Department-wide Effective Communication Policy (Cont.)
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Limited English Proficient (LEP) persons
 Require that grantees in those 18 counties provide outreach and public notices in Spanish as
well as English
Atkinson County
Evans County
Hall County
Clayton County
Gilmer County
Murray County
Cobb County
Gordon County
Polk County
Colquitt County
Grady County
Telfair County
DeKalb County
Gwinnett County
Tift County
Echols County
Habersham County
Whitfield County
September 2014
FHEO
Local Government Responsibilities
 Develop
proposed action to AFFH for state review and
approval
 Develop complaint procedure
 Develop method for documenting efforts to promote and
monitor activities
 Other requirements may be imposed by state
September 2014
FHEO
What Can Local Governments do to Enhance AFFH Efforts?
 Post
Fair Housing posters/flyers in public places
 Pass resolution supporting Fair Housing
 Discuss Fair Housing at Public Hearings
 Conduct a Public Information Campaign on Fair Housing
 Advertising the availability of housing directly to populations “less likely to
apply”
 Outreach to advocacy groups
 Train elected officials and staff on Fair Housing Laws and the complaint
process
September 2014
FHEO
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
September 2014
FHEO
Complaints/Violations of FHEO
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Any and all citizen complaints are reported to HUD Fair Housing/Equal
Opportunity (FHEO) for investigation.
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Additional information can be obtained in the CDBG Recipient Manual or
at HUD www.hud.gov
September 2014
Contact Information
Pam Truitt, Grants Consultant
Phone: (404) 679-5240
E-Mail: [email protected]
Michael Casper, Compliance Manager
Phone: (404) 679-0594
E-Mail: [email protected]
Steed Robinson, Office of Community Development Director
Phone: (404) 679-3168
E-Mail: [email protected]
Glenn Misner, Office of Field Services Director
Phone: 404-679-3138
E-Mail: [email protected]
September 2014