Transcript Office of Fair Housing and Equal Opportunity

Office of Fair Housing and Equal
Opportunity
Training for the National Community
Development Association
October 29 – November 1, 2013
Community Development Training
Outline
 This course will provide an information on the
following Fair Housing Laws and Executive Orders:
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Title VI of the Civil Rights Act of 1964
Executive Order 11063
Title VIII of the Civil Rights Act of 1968
The Rehabilitation Act of 1973 (Section 504)
Title VI of the Civil Rights Act of 1964
 Title VI of the Civil Rights Act of 1964 prohibits
discrimination on the basis of race, color or national
origin in programs and activities receiving Federal
financial assistance.
 Protected Classes:
 Race
 Color
 National Origin
President John F. Kennedy
1963
 Simple justice requires that public funds, to which all
taxpayers of all races, colors and national origins
contribute, not be spent in any fashion which
encourages, entrenches, subsidizes or results in
racial, color or national origin discrimination.
Executive Order 11063
 All action necessary and appropriate shall be taken to
prevent discrimination because of race, color, religion
(creed), sex or national origin in the sale, rental,
leasing or other disposition of residential property
and related facilities or in the use or occupancy
thereof. Specifically, properties that are owned or
operated by the Federal Government, or provided
with Federal assistance by the Department of
Housing and Urban Development.
Title VIII of the Civil Rights Act of
1968, as amended
 No person in the United States of American shall be
discriminated against in housing because of race,
color, religion, sex (1974), familial status, disability
(1988) or national origin.
 Key components
 The Act covers public and some private housing
 The Act covers all housing transactions: buying,
selling, renting, lending, appraising, insuring and
building.
Title VIII Continued
 It is unlawful to coerce, intimidate, threaten or
interfere with any person in the exercise or
enjoyment of, or on account of that person having
exercised or enjoyed, or on account of that person
having aided or encouraged any persons in the
exercise or enjoyment of. Such conduct can also
involve harassment of persons because of race, color,
religion, sex, disability, familial status, or national
origin.
Title VIII Continued
 A person has one year to file a complaint from the
time of the alleged act of discrimination
 Grantees or entities receiving Federal funds charged
with discriminating may: 1) may be barred from active
participation in Federal program; 2) may be required
to compensate the complainant; or 3) may be
targeted for a Compliance Review, which could lead
to termination of Federal funds.
Section 109 of the Community
Development Act of 1974, as ameded
Section 109 of the Housing and
Community Development Act of 1974
 No person in the United States shall on the ground of race,
color, national origin, sex or religion, be excluded from
participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity funded in
whole or in part with community development funds.
 Section 109 also has a prohibition against discrimination on
the basis of age under the Age Discrimination Act of 1975
and qualified persons with disabilities under Section 504 of
the Rehabilitation Act of 1973.
Section 504 of the Rehabilitation Act
of 1973
 No otherwise qualified individual with disabilities in
the United States shall, solely by reason of her or his
disability, be excluded from the participation in, be
denied the benefits of, or be subjected to
discrimination under any program or activity receiving
Federal financial assistance.
What is a Disability?
 A change in terminology has been made in Part 9 final
rule and is made in 24 CFR Part 8 is the replacement
of the term “handicap” with “disability.” The
Rehabilitation Amendments of 1992 (Pub.L. 102-569)
approved October 29, 1992 amended the
Rehabilitation Act of 1973 to make this replacement.
 Disability is: Any impairment that substantially limits
one or more major life activity with a history of the
impairment: walking, talking, breathing, seeing
Section 504 Reasonable
Accommodations
 A change in rules or policies to accommodate a person
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with a disability.
Changes may include:
Pet policy
Making payments in person
Parking on a first come first service
Cash payments only
Note: An accommodation does not need to be provided
if it causes an undo fundamental burden to the nature of
its programs.
Section 504 Reasonable
Modifications
 Any structural changes to the dwelling that are
needed to permit the person with a disability to live
and enjoy the dwelling comfortably.
 Examples:
 Adding a ramp
 Roll-in shower
Lowering the kitchen tops
Adjusting environment controls
Americans with Disabilities Act of
1990
 Title II of the ADA covers programs, activities, and
services of public entities. (common use areas,
community room).
 Subtitle A is intended to protect qualified individuals
with disabilities from discrimination on the basis of
disability established by Section 504 of the
Rehabilitation Act of 1973, as amended.
Affirmatively Furthering Fair Housing
Title VIII (Section 808(e)(5)
 HUD programs and activities must be administered in
a manner affirmatively to further the policies of the
Fair Housing Act. The Act leaves it to the Secretary to
define the precise scope of the AFFH obligation for
HUD’s Program Participants: Participants should
 1. Conduct an Analysis of Impediments
 2. Take actions to overcome the impediments
 3. Maintain records reflecting the analysis
Impediments to Fair Housing
 An impediment is 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.
 Any actions that appear to be neutral on its face, but
there are adverse affects for housing to protected
classes.
 Any violations or potential violations to the Fair
Housing Act.
Examples of Impediments
 Segregation and Separation in waiting list for assisted
housing units and occupancy
 Zoning and land use issues based on any classes
 Inaccessible housing units and public facilities
 Housing Mortgage Disclosure Act – minorities not
considered for housing loans
 Pre-selection of residents by race and other
characteristics
Impediments Continued
 Failure to provide systems to communicate with
persons who are disabled
 Failure to create ongoing fair housing planning to
achieve fair housing goals
 Failure to address housing trends that continue to
perpetuate segregation in minority communities
 Policies and Procedures that are discriminatory in
nature.
Successful Strategies
 Encourage and facilitate regional approaches to
address housing issues (AIs)
 Incorporate explicitly fair housing planning
 Collaborate with a diverse group of advocacy groups
to include all areas of concern
 Empower and foster strength and fairness in all
communities by reducing racial and ethnical
concentrations of poverty and other dividing
components.
Closing Comments
 Housing Discrimination is against the Law. It will not
and shall not be tolerated in any programs receiving
Federal funds or in housing in the private sector.
 FAIR HOUSING: IT IS NOT AN OPTION, IT THE LAW.
 REPORT DISCRIMINATION TO PAT GREEN
 (803) 765-5936 OR (1-800-669-9777