Transcript GMMG LLC FAIR HOUSING PRESENTATION FOR NCDA …

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
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
• Housing providers
• Advocacy groups
• Educational institutions
• 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
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