Fair Housing/Equal Opportunity

1. Fair Housing/Equal Opportunity • September 4, 2014 Glenn Misner

2. 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

3. 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

4. FHEO Applicability • Infrastructure improvements • Public Facilities • Neighborhood Revitalization • Economic Development • Down-Payment Assistance • Section 8 Rental Assistance • Any activity receiving federal funds September 2014

5. FHEO Applicable Categories • Race • Color • National origin • Religion • Gender • Familial Status • Disability Status • Age • Any other protected categories of persons September 2014

6. FHEO Applicable 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. September 2014

7. FHEO 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). September 2014

8. FHEO Applicable Laws and Regulations • 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. September 2014

9. FHEO Applicable Laws and Regulations • 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). September 2014

10. FHEO Applicable 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)). September 2014

11. FHEO 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 September 2014

12. FHEO 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 September 2014

13. FHEO State 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. September 2014

14. FHEO 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” September 2014

15. FHEO 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) September 2014

16. FHEO 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). September 2014

17. FHEO 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 English September 2014

18. FHEO Local 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 September 2014

19. FHEO 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 September 2014

20. FHEO 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 September 2014

21. FHEO 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 September 2014

22. Contact Information Pam Truitt, Grants Consultant Phone: (404) 679-5240 E-Mail: pam.truitt@dca.ga.gov Michael Casper, Compliance Manager Phone: (404) 679-0594 E-Mail: michael.casper@dca.ga.gov Steed Robinson, Office of Community Development Director Phone: (404) 679-3168 E-Mail: steed.robinson@dca.ga.gov Glenn Misner, Office of Field Services Director Phone: 404-679-3138 E-Mail: glenn.misner@dca.ga.gov September 2014