2014 cdbg applicants' workshop fair housing/equal opportunity

2014 CDBG Applicants' Workshop

Fair Housing/Equal Opportunity


Community Finance DivisionCommunity Finance Division

“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.”



What is Fair Housing/Equal Opportunity?

• Ensuring non-discriminatory treatment and equal access to all recipients of federal funds (including CDBG).

• Affirmatively Furthering Fair Housing.



Applicability

▪ Infrastructure improvements▪ Public Facilities▪ Neighborhood Revitalization▪ Economic Development▪ Down-Payment Assistance▪ Section 8 Rental Assistance▪ Any activity receiving federal funds



Applicable Categories

• Race• Color• National origin• Religion• Gender• Familial Status• Disability Status• Age• Any other protected categories of persons


Community Finance DivisionCommunity Finance DivisionApplicable Laws and

Regulations• Several Federal laws protect individuals from discrimination

and apply to CDBG funded activities. These include:▪ 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.

▪ 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.



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).




• Section 504 of the Rehabilitation Act of 1973 as amended – prohibits discrimination based on disability in any program or activity receiving federal financial assistance.

• 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.




• Architectural Barriers Act of 1968 – requires that buildings constructed or assisted with federal funds be accessible to and usable by handicapped persons.

• 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).


Community Finance DivisionCommunity Finance DivisionApplicable Laws and Regulations

• 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)).



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



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


Community Finance DivisionCommunity Finance DivisionState 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.



What Has DCA Done to Enhance AFFH Efforts?

• FHEO Audit• 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”



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)



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).



What Has DCA Done to Enhance AFFH Efforts?Develop Department-wide Effective Communication

Policy (Cont.)– 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


Community Finance DivisionCommunity Finance DivisionLocal 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



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



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



Complaints/Violations of FHEO

• Any and all citizen complaints are reported to HUD Fair Housing/Equal Opportunity (FHEO) for investigation.

• Additional information can be obtained in the CDBG Recipient Manual or at HUD www.hud.gov

http://www.hud.gov/



Contact InformationPam Truitt, Grants Consultant

Phone: (404) 679-5240E-Mail: [email protected]

Michael Casper, Compliance ManagerPhone: (404) 679-0594

E-Mail: [email protected]

Steed Robinson, Office of Community Development DirectorPhone: (404) 679-3168


Glenn Misner, Office of Field Services DirectorPhone: 404-679-3138


mailto:[email protected]




2014 cdbg applicants' workshop fair housing/equal opportunity

Documents

fair housing act

cdbg applicants workshoppage

disabilities act

rehabilitation act

hcd act

community development

civil rights act

urban development act