fair housing/equal opportunity
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Fair Housing/Equal Opportunity. September 4, 2014. Glenn Misner. FHEO. - PowerPoint PPT PresentationTRANSCRIPT
Fair Housing/Equal Opportunity
Glenn Misner September 4, 2014
FHEO
“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.”
September 2014
FHEO
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.
September 2014
FHEO
Applicability
September 2014
Infrastructure improvements Public Facilities Neighborhood Revitalization Economic Development Down-Payment Assistance Section 8 Rental Assistance Any activity receiving federal funds
FHEO
Applicable Categories
September 2014
Race Color National origin Religion Gender Familial Status Disability Status Age Any other protected categories of persons
FHEO
Applicable Laws and Regulations
September 2014
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.
FHEO
Applicable Laws and Regulations
September 2014
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).
FHEO
Applicable Laws and Regulations
September 2014
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.
FHEO
Applicable Laws and Regulations
September 2014
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).
FHEO
Applicable Laws and Regulations
September 2014
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)).
FHEO
Affirmatively Furthering Fair Housing
September 2014
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
FHEO
Affirmatively Furthering Fair Housing
September 2014
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
FHEO
State Government Responsibilities
September 2014
Identifying impediments to fair housing choiceConducting fair housing planningTaking actions to overcome the identified impediments
Maintaining records Assuring that local governments comply with certifications.
FHEO
September 2014
What Has DCA Done to Enhance AFFH Efforts? FHEO Audit Affirmatively Furthering Fair Housing
Develop Department-wide Effective Communication PolicyOutlines DCA’s policies to ensure equal access to programs
for: Persons who are disabled
Provide Reasonable Accommodations Appoint 504/ADA Coordinator Complete “Self-Assessment”
FHEO
September 2014
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 disabledProvide alternate formats (where feasible)Enhance outreach effortsDevelop grievance procedures (internal and external)
FHEO
September 2014
What Has DCA Done to Enhance AFFH Efforts?Develop Department-wide Effective Communication Policy (Cont.)
Limited English Proficient (LEP) personsDevelop a Language Access Plan (LAP)
Complete analysis to identify who may need assistance18 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).
FHEO
September 2014
What Has DCA Done to Enhance AFFH Efforts?Develop Department-wide Effective Communication
Policy (Cont.)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 EnglishAtkinson 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
FHEO
September 2014
Local Government Responsibilities
Develop proposed action to AFFH for state review and approval
Develop complaint procedureDevelop method for documenting efforts to
promote and monitor activitiesOther requirements may be imposed by state
FHEO
September 2014
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
FHEO
September 2014
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
FHEO
September 2014
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
Contact Information
September 2014
Pam Truitt, Grants Consultant
Phone: (404) 679-5240
E-Mail: [email protected]
Michael Casper, Compliance Manager
Phone: (404) 679-0594
E-Mail: [email protected]
Steed Robinson, Office of Community Development Director
Phone: (404) 679-3168
E-Mail: [email protected]
Glenn Misner, Office of Field Services Director
Phone: 404-679-3138
E-Mail: [email protected]
