Presented by:

Fair Housing Continuum, Inc.Fair Housing Continuum, Inc.

Fair Housing Hot TopicsFair Housing Hot Topics

It’s Not Just Your Right …It’s Not Just Your Right …It’s the Law!It’s the Law!

A private, not for profit, 501( c )( 3 ) agency.

Sponsored in-part by the United States Department of Housing and Urban Development

ObjectivesObjectives

• Discuss fair housing changes and issues that affect affordable housing.

• Identify fair housing accessibility design & construction requirements.

• To educate the general public on the Fair Housing rights.

OverviewOverview

• Brief History of the Continuum

• HUD Fair Housing Objectives

• Affirmatively Furthering Fair Housing

• New Construction Accessibility Requirements

• Other Current Issues

Mission of FHCMission of FHC

Ensure Equal Housing Opportunity

and Eliminate Discrimination in

Florida

• Funded by the U.S. Department of Housing and Urban Development (HUD) under the Fair Housing Initiative Program (FHIP)

• Established and incorporated in Brevard County, October 1994

• Became a not for profit, 501(c)(3) organization in 1995

HistoryHistory

• Assist community leaders and industry to develop strategies to “affirmatively further fair housing”

• Enhance knowledge and awareness of fair housing issues

• Provide overall fair housing assistance• Resolve fair housing complaints

• Conciliate - Mediate - Litigate

ObjectivesObjectives

HUD Fair Housing Objectives

Fair Housing Enforcement

HUD investigates more than 10,000 fair housing complaints annually

A Primary Goal is to Improve Affirmatively Furthering Fair Housing

Through Analysis of Impediments

Follow-up Action Plans

Fair Housing Planning Guide Vols. I & II

HUD Fair Housing Objectives

Affirmatively Furthering Fair Housing---Analysis of Impediments

U.S. ex rel. Anti Discrimination Center of New York, Inc. v. Westchester County 2009 WL 455269 (S.D. N.Y. 2008), & 2009 WL 970866 (S.D. N.Y. 2008), 8 yrs 1100 times $51 million Built some affordable housing in already segregated

neighborhoods False Claims Act X3 ? Knowingly

Analysis of Impediments---Follow-up Action Plans

“Falsity” of Certifying Affirmatively Furthering Fair Housing includes: Lack of an Action Plan Identify shortage of affordable housing as an

impediment, yet allow NIMBYism Less than 5% of CDBG clearly not enough Less than 15% of CDBG probably not

enough Poster contest, proclamation, poster not

acceptable as an Action Plan

Fair Housing Guide Vols. I & II

Currently on HUD website @ www.hud.gov

HUD plans to design a regulation that more clearly defines Affirmatively Furthering Fair Housing

National Fair Housing Alliance Conference June 8, 2009

HUD Secretary Shaun Donovan“A HUD priority will be checking to

ensure that recipients are targeting affordable housing to communities of opportunity and not concentrating projects in already segregated and depressed communities. HUD will strengthen enforcement and,…and further fair housing.”

“HUD will gather very detailed demographic and performance information. If you cannot quantify progress in your services,

your funding and possibly your program will go away.”

National Fair Housing Alliance Conference June 8, 2009

Secretary Donavan used Affirmatively Furthering Fair Housing 8 times.

He used AFFH and CDBG in the same sentence.

He used the term Disparate Impact and he used it correctly!

National Fair Housing Alliance Conference June 8, 2009

HUD Assist. Sec. for FHEO, John Trasvina

“HUD is back open for business. HUD has been on the sidelines for too long. HUD will advance communication, commitment, & consistency.”

National Fair Housing Alliance Conference June 8, 2009

How to use Affirmatively Furthering Fair Housing as a Tool

Refusal to accept Section 8 vouchers is an impediment to fair housing and should be in every Analysis of Impediments in Florida.

If the AI and Comp Plan state that the lack of affordable housing is an issue, then resistance from local governments to affordable housing development is in direct conflict with Affirmatively Furthering Fair Housing.

Fair Housing ActFair Housing Act

Design & Construction Design & Construction Accessibility Accessibility

RequirementsRequirements

FACT!!!FACT!!!

• As a protected class, persons with

disabilities are the only minority

group that can be discriminated

against solely by the design of the

built environment.

FHAA Accessibility FHAA Accessibility RequirementsRequirements

• Failure to design and construct certain covered multifamily dwellings built for first first occupancy after March 13, 1991 is a violation of the Act.

• Residential multifamily dwellings include condos, single-story townhouses, garden apartments, vacation timeshares, dormitories, homeless shelters, etc.

• Multifamily buildings consisting of four or more units.

• Multifamily buildings with one or more elevators will make all units accessible.

• Multifamily buildings without an elevator will make all ground-floor units (including ground-floors at different levels in the same building) accessible.

Covered Multifamily DwellingsCovered Multifamily Dwellings

1. Accessible Entrance on an Accessible Route

2. Accessible Public and Common-Use Areas

3. Usable Doors

4. Accessible Routes Into and Through the Dwelling Unit

5. Accessible Light Switches, Electrical Outlets, and Environmental Controls

6. Reinforced Walls in Bathrooms

7. Usable Kitchens and Bathrooms

Seven Design RequirementsSeven Design Requirements

Other Current Issues The Recovery Act

Future Transformation of HUD

Promoting Energy Efficiency & Creating Green Jobs HUD MOU with Dept. of Energy to

increase energy efficiency in all HUD funded properties

Change how HUD collects and Manages Data Increase speed and transparency

Increase Enforcement of the Fair Housing Design & Construction Requirements

Other Current Issues

Interpretations in the ADA definition affect the Fair Housing Act

Determination that a person has a disability, is made without medication or devices that ameliorate

Loss of bodily functions is a disability

Other Current Issues

Denying Access to Programs Ex: Steps into a housing office effectively denies

access to programs and services. 504 Properties

5% minimum Uniform Federal Accessibility (UFAS) standards and 2% for sensory disabilities

Purchase properties that can be made accessible

Provide the most integrated setting possible (DO NOT have separate buildings or location of services)

Other Current Issues

Other Current Issues

Limited English Proficiency (LEP) General Guidelines

When there is greater than 5% Eligible Population in the service area, LEP materials should be provided unrequested.

How to contact FHCHow to contact FHC

Location:4760 N. US Hwy. 1, Suite 203 Melbourne, FL 32935Telephone: 321-757-3532Toll Free: 888-246-5619Fax: 321-633-5198Email: fairhousing32922@bellsouth.netWebsite:www.fairhousingcontinuum.org

Remember!Remember!Remember!Remember!Fair Housing is not just your Fair Housing is not just your

right . . .it’s the law!right . . .it’s the law!

For more information about your fair housing rights, visit the HUD website @

www.hud.gov