1	U. S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity Jackson Field Office
2	FAIR HOUSING LAWS AND PRESIDENTIAL ORDERS Fair Housing Laws The Fair Housing Act Title VI of the Civil Rights Act of 1964 Section 504 of the Rehabilitation Act of 1973 Title II of the Americans with Disabilities Act of 1990 Architectural Barriers Act of 1968 Section 109 of Title I of the Housing and Community Development Act of 1974 Section 3 Age Discrimination Act of 1975 Title IX of the Education Amendments Act of 1972 Executive Orders #’s 11063, 11246, 12898, 13166 and 13217
3	"KEY" KEY LAWS Title VIII of the Civil Rights Act of 1968 as amended in 1988 (The Fair Housing Act) Title VI of the Civil Rights Act of 1964 (Title VI) Section 109 of Title I of the Housing and Community Development Act of 1974 (Section 109) Section 504 of the Rehabilitation Act of 1973 (Section 504) Title II of the Americans with Disabilities Act of 1990 (ADA) Architectural Barriers Act (ABA) Section 3 Housing and Urban Development Act of 1968 (Section 3)
4	THE FAIR HOUSING ACT Prohibits discrimination in sale, rental, and financing of dwellings and other housing related transactions based on: Race – Black, White and Asian Color National Origin Religion Sex Familial Status Handicap or Disability
5	WHO MUST COMPLY? Participants of sale, rental or financing of dwelling and other housing related transactions. ALL Community Planning and Development (CPD) program participants and their sub recipients involved in housing related activities, including affirmatively furthering Fair Housing).
6	KEY PROVISIONS Section 804 (a) – Refusal to sale or rent, negotiate for sale or rent or make housing unavailable. Section 804 (b) – Terms, conditions or privileges, sale or rental and provision of services.
7	FAIR HOUSING ACT CONTINUED Section 804 (c) – Advertisement Who: All advertising by those engaged in real estate sale, rental or financing. This includes HUD grantees and its sub-recipients pursuant to Title VI of the Civil Rights Act of 1964. What: Placement of slogan or logo to reach targeted geographical areas. Where:http://www.hud.gov/library/bookshelf11/hudgraphics fheologo.cfm Why: Compliance
8	FAIR HOUSING ACT - DISABILITY Section 804 (f) – Handicap or Disability Definition -Physical or mental disability that substantially limits one or more life major activities. -Have a record of such a disability, or -Are regarded as having such a disability.
9	FAIR HOUSING ACT DISABILITY CONTINUED Requirements - Difference in treatment analysis applied. Additionally, Housing providers have two obligations: - Reasonable Accommodations (Policies and procedures). - Reasonable Modifications (Structural changes)
10	FAIR HOUSING ACT DISABILITY CONTINUED No Federal Assistance – housing providers must consider/grant permission for the modification requested. The tenant pays for the modification. Assurances modifications are made in workman like manner. Federal Assistance – housing providers are responsible for the modifications.
11	FAIR HOUSING ACT DISABILITY CONTINUED Requirements for New Buildings – first occupancy after March 13, 1991 with an elevator and four or more units: All units must have:
12	FAIR HOUSING ACT Seven Design and Construction Requirements An accessible route into and through the unit. Accessible light switches, electrical outlets, thermostats and environmental controls. Reinforced bathroom walls to allow later installation of grab bars, and Kitchens and bathrooms that can be used by people in wheelchairs. Common Areas: Accessible and usable public and common use areas. Usable doors. Accessible routes into and through covered units.
13	Title VI Prohibits discrimination in programs and activities receiving Federal financial assistance on the basis of: Race Color National Origin
14	WHO MUST COMPLY? ALL CPD programs receiving Federal financial assistance and their sub recipients: State Political subdivision of State Public or private agency Institution Organization Entity that received Federal financial assistance.
15	FEDERAL FINANCIAL ASSISTANCE Grants, loans, advances of Federal funds; Grant or donation of Federal property and interest in the property; Detail of Federal personnel; Sale and lease of or permission to use Federal property; and Federal agreement, arrangement or contract of provisions of assistance.
16	PROHIBITIONS Deny housing, facilities, services, financial aid, or other benefits. Provide any housing, accommodations, facilities, services, financial aid, or other benefits to a person different than services provided to others. Segregate – housing, accommodations or facilities. Restrict access to, enjoyment of housing, accommodations, facilities, services, financial aid, or other benefits of programs.
17	TITLE VI PROHIBITIONS CONTINUED Treat person differently in occupancy, admission, enrollment, eligibility, membership, or other requirement/conditions in housing, accommodations and facilities. Deny person opportunity to participate in program, activity or afford opportunity to do so different from that afforded to others. Deny person opportunity to participate as a member of a planning or advisory body which is integral part of program.
18	TITLE VI OBLIGATIONS Certifications Steps to AFFH Recordkeeping
19	CERTIFICATIONS AFFIRMATIVELY FURTHERING State and Entitlement recipients are required to sign a certification to AFFH: Grant will be carried out and administered according to the Fair Housing Act, and The grantee will work to affirmatively further fair housing. Sanctions - Federal assistance refused, suspended or terminated.
20	STEPS TO AFFIRMATIVELY FURTHER FAIR HOUSING Requirement for participation in HUD’s programs. The responsibility is assigned to HUD funded recipients. Affirmative Fair Housing Marketing Plan (AFHMP) – recipients required to develop affirmative marketing programs to attract minorities and non-minority groups within housing market area.
21	AFFH STEPS CONTINUED Outreach in areas where those least likely to apply are located. Various media, radio stations, posters, newspapers within marketing areas; Use Equal Opportunity logo and equal opportunity statement. Outreach to advocacy groups. Goal of AFHMP – to improve housing choice.
22	RECORDKEEPING REQUIREMENTS Each recipient shall keep and have available: Racial and ethnic data showing the extent to which members of minority groups are beneficiaries of federally assisted programs. Examples of data includes: Marketing plans Who applied Who selected Why applicant(s) not selected
23	SANCTIONS Suspension Termination Referral to Department of Justice
24	SECTION 109 Requires no person in the United States shall be excluded from participation in, denied benefits of, or subjected to discrimination in any program or activity funded with community development funds because of: Race Color National Origin Sex Religion
25	SECTION 109 ALSO INCLUDES PROHIBITIONS UNDER…. Age Discrimination Act 1975 and Section 504 of the Rehabilitation Act of 1973 American with Disability Act, Title I
26	WHO MUST COMPLY? ALL CPD programs receiving Federal financial assistance and their sub recipients: State Political subdivision of State Public or private agency Institution Organization Entity that received Federal financial assistance.
27	FEDERAL FINANCIAL ASSISTANCE Grants, loans, advances of Federal funds; Grant or donation of Federal property and interest in the property; Detail of Federal personnel; Sale and lease of or permission to use Federal property; and Federal agreement, arrangement or contract of provisions of assistance.
28	PROHIBITIONS Deny housing, facilities, services, financial aid, or other benefits. Provide any housing, accommodations, facilities, services, financial aid, or other benefits to a person different than services provided to others. Segregate – housing, accommodations or facilities. Restrict access to, enjoyment of housing, accommodations, facilities, services, financial aid, or other benefits of programs.
29	TITLE VI PROHIBITIONS CONTINUED Treat person differently in occupancy, admission, enrollment, eligibility, membership, or other requirement/conditions in housing, accommodations and facilities. Deny person opportunity to participate in program, activity or afford opportunity to do so different from that afforded to others. Deny person opportunity to participate as a member of a planning or advisory body which is integral part of program.
30	RECORDKEEPING REQUIREMENTS Recipients shall maintain records and data required under 24 CFR 91.105, 91.115, 570.490 and 570.506. Examples: Racial and ethnic group and single headed households.
31	SANCTIONS Suspension Termination Referral to Department of Justice
32	SECTION 504 Requires no otherwise qualified person with a disability in shall solely because of his/her disability be excluded from participation in, denied benefits of, or subjected to discrimination in any program or activity receiving Federal financial assistance.
33	WHO MUST COMPLY? ALL CPD programs participants and sub recipients receiving federal financial assistance.
34	COVERAGE Outreach and public contact, program applicants and participants Eligibility criteria Application process Admission to program Tenancy, including eviction Service delivery Employment policies and practices
35	RESPONSIBILITIES Effective communications. Ensure employment activities, recruitments, hiring, promotions, etc. do not discriminate. Non-housing programs are operated in non-discriminatory manner. Reasonable accommodations and modifications provisions are complied with. Distribute accessible units throughout developments
36	SECTION 504 RESPONSIBILITIES CONTINUED Distribute accessible units throughout developments. Ensure disabled customers are aware of the availability of accessible units. Conduct self evaluations of programs, services and activities. Maintain records and reports of efforts to meet requirements.
37	PROHIBITIONS Denying qualified person with disability the opportunity to participate in, benefit of housing, aid or service. Not affording a qualified person with disabilities the opportunity for equal participation and benefit. Not affording a qualified person with disabilities program or service with same opportunity as others. Segregation of housing. Not providing significant assistance. Denying qualified person with disability opportunity to participate on planning or advisory boards.
38	PROHIBITIONS CONTINUED Denying a qualified person with disability the opportunity to rent or buy housing. Limiting the enjoyment of any right, privilege, advantage or opportunity afforded to others. Providing programs or services to qualified persons with disabilities.
39	OTHER 504 INFORMATION Housing Construction Requirements Minimum of 5% of units must be fully accessible to persons with mobility impairments. 2% of units must be accessible to persons with sensory impairments.
40	RECORDKEEPING REQUIREMENTS Recipients shall keep records and data showing the extent to which persons with disabilities are beneficiaries of federally assisted programs.
41	SANCTIONS Suspension Termination Referral to Department of Justice Debarment
42	AMERICAN WITH DISABILITIES ACT TITLE II (ADA) Applies to – activities operated by State or local governments, their partners, agencies or other instrumentalities, even if no Federal funding.
43	ADA CONTINUED Prohibits – discrimination in any CPD programs, services and activities based on disability, includes housing assistance and housing referrals.
44	ARCHITECTURAL BARRIERS ACT Applies to - any housing funded with a loan or grant from the United States. Requires – buildings and facilities designed, constructed, altered, or leased with federal funds must be accessible to and useable by disabled persons.
45	WHICH ACCESSIBILITY LAW APPLIES? Compliance with State or local Law may not be sufficient to ensure compliance under the federal standards.
46	EXAMPLES ABA – housing funded with a loan or grant from the United States or constructed by the United States. The accessibility standard is UFAS. ADA-Title II – housing operated by state or local governments. The accessibility standard is UFAS or American Disabilities Act Accessibility Guidelines. Fair Housing Act – private and publicly funded housing. The accessibility standards are one of seven safe harbors. Section 504 – housing built by recipients of federal financial assistance. The accessibility standard is Uniform Federal Accessibility Standards (UFAS).
47	SECTION 3 Purpose – to ensure economic opportunities for low income persons through: Employment Training Contracting
48	PREFERENCES Employment Contracting
49	EMPLOYMENT PREFERENCES Priority to residents who are: (i) residing in the neighborhood in which the Section 3 covered project is located. Category 1. (ii) applicants selected to carry out HUD Youthbuild program. Category 2; (iii) where the Section 3 project is assisted under the Stewart B. McKinney Act who are homeless persons residing in the neighborhood in which the Section 3 covered project is located. This category shall be given the highest priority; and (iv) other Section 3 residents.
50	CONTRACTING PREFERENCES Section 3 Business Concerns providing economic opportunities for Section 3 residents residing in the Section 3 service area or neighborhood in which the Section 3 covered project is located. Category 1. (ii) Applicants selected to carry out HUD Youthbuild program. Category 2. (iii) Other Section 3 residents.
51	THRESHOLDS In excess of $200,000 (Old Contracting threshold of 0 was eliminated) for Contractors and subcontractors. Contractors and subcontractors for work on a Section 3 covered project for which the amount of the assistance is in excess of $200,000; and the contract or subcontract exceeds $100,000.
52	THRESHOLDS CONTINUED Thresholds may be met for recipients and not contractors. If a Community Development recipient has in excess of $200,000 but none of its contracts exceed $100,000 only the recipient is covered. If the project has Section 3 covered assistance the entire project is covered.
53	GOALS AND RESPONSIBILITIES Develop procedures to notify residents about training, employment and contracting opportunities generated by Section 3 covered assistance; Notify potential contractors of procedures, incorporate Section 3 Clause in all solicitations and contractors; Facilitate the training and employment of Section 3 residents and award contracts to Section 3 businesses (See regulatory Appendix) and establish reasonable goals that may exceed the regulations. Obtain compliance of contractors and subcontractors.
54	GOALS AND RESPONSIBILITIES CONTINUED Document actions taken to comply with the requirements. A County who distributes funds to local governments, attempt to reach the numerical goals regardless of the number of local governments which meet the threshold for applicability. Community Development programs must comply with State Law – Section 3 does not preempt State law. Section 3 is not to be confused or construed as the minority or women’s business enterprise efforts. Income generated.
55	GOALS AND RESPONSIBILITIES CONTINUED Section 3 Contractors must be responsive to the bid package and responsible and have the ability to perform the work in question. All contractors must have a mandatory Section 3 clause. Examples of effort to award to Section 3 Businesses, Appendix II: Use x-factor – bid Preference In determining responsibility, consider past record of Section 3 Compliance.
56	GOALS AND RESPONSIBILITIES CONTINUED Contacting Business Assistance agencies or MBE organizations to inform them of contracting opportunities. Contacting Resident Councils Providing Written notice of all known Section 3 Business Concerns of contracting opportunities. Carrying our workshops for Section 3 businesses. Developing a list of Section 3 business concerns. Establishing or co-sponsoring programs to assist residents to create resident owned businesses.
57	RECORDKEEPING REQUIREMENTS Records must be maintained to demonstrate compliance with the requirements discussed.
58	OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY COMPLIANCE APPROACHES Compliance Review Complaint alleging discrimination
59	WHO MUST COMPLY? ALL CPD participants and their sub recipients that generate employment and other economic opportunities for low and very low income persons and business concerns and participants sub recipients, contractors, and subcontractors where the entity meets the applicable monetary threshold.
60	CONTACT Marilyn Marie Moore-Lemons, FHEO Office Director U. S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity Jackson Field Office McCoy Federal Building 100 West Capitol Street, Suite 910 Jackson, Mississippi 39269-1069 Office, 601-608-1804 Fax, 601-965-4764 Email, marilyn.moore-lemons@hud
61	Or, Dita McCarthy 2909 13^th Street, Suite 500 Gulfport, MS 39501 228- aphrodite.t.mccarthy@hud.gov