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Affirmatively Furthering Fair Housing

Affirmatively Furthering Fair Housing. Fair Housing Continuum, Inc. AD Escander, Fair Housing Specialist. Mission of FHC. Ensure Equal Housing Opportunity and Eliminate Discrimination in Florida. History.

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Affirmatively Furthering Fair Housing

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  1. Affirmatively Furthering Fair Housing Fair Housing Continuum, Inc. AD Escander, Fair Housing Specialist

  2. Mission of FHC Ensure Equal Housing Opportunity and Eliminate Discrimination in Florida

  3. History • 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

  4. Objectives • 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

  5. Fair Housing Enforcement • HUD investigates more than 10,000 fair housing complaints annually • An effective Analysis of Impediment to fair housing choice can help in lowering complaints

  6. 24 CFR 91Responsibilities • Conduct an Analysis of Impediments to Fair Housing Choice (AI) • Take appropriate actions to overcome the effects of impediments identified through the AI • Maintain records reflecting the analysis and actions • Bring stakeholders to the table to discuss areas of concern in order to better identify impediments to Fair Housing Choice

  7. Fair Housing Planning Guide • The guide explains that analyzing fair housing impediments and taking appropriate actions means: • Eliminating housing discrimination in the jurisdiction • Promoting fair housing choice for all

  8. Fair Housing Planning Guide • Providing housing opportunities for people of all races, colors, religions, genders, national origins, family status, and disabilities • Promoting housing that is structurally usable by all people, particularly those with disabilities • Fostering compliance with the nondiscrimination features of the Fair Housing Act

  9. Common deficiencies in the AIs • The jurisdiction should update its AI, at least once every 3 to 5 years (consistent with the Consolidated Plan cycle) to reflect the current fair housing situation in its communities. • Limited information regarding the research methodology used to conduct the AI, including actions taken for citizen participation

  10. Common deficiencies in the AIs • Limited information regarding the jurisdiction's overall fair housing profile, including the nature of the housing discrimination complaints filed • The jurisdiction’s demographics • The findings resulting from focus group meetings • Affordable housing (should be in every AI)

  11. Common deficiencies in the AIs • Housing profiles • Income and employment data • Lending practices and HMDA data • Population maps (including Areas of Minority Concentration)

  12. Common deficiencies in the AIs • Information on and services to persons with disabilities, families with children and homeless persons • Results of FHIP Grants and Fair Housing Testing • Impediments not clearly stated • No proposed corrective action to address each impediment

  13. Common deficiencies in the AIs • AI did not include the required Summary Matrix specifically identifying each impediment and the timeframe for completing the corrective actions for each impediment • AI does not discuss the process for monitoring the progress in carrying out each action and evaluating its effectiveness, to include the identification of the individuals/entity responsible for this monitoring process

  14. Common deficiencies in the AIs • AI did not indicate the specific source of funding • AI did not include an executed signature page • Date not displayed on the AI cover page and in the Introduction/Executive Summary section • Pages are not numbered in the AI, and some that are do not agree with the Table of Content

  15. 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

  16. Agencies that can assist • HUD • Fair Housing Assistance Programs (FHAP) • Fair Housing Initiative Programs (FHIP) • Fair Housing Consultants • Attorneys with fair housing knowledge • Realtors • Mortgage Loan Consultants

  17. Fair Housing Testing • Most enforcement FHIPs have a testing program • Most enforcement FHIPs contract with HUD to conduct fair housing testing • HUD funding for testing is limited therefore jurisdictions should consider funding jurisdictional testing • Testing is the most reliable way to check the housing market for compliance of the FHA • Long term Testing in the jurisdictions will provide reliable data of housing trends and areas which may need additional attention from the jurisdictions

  18. Fair Housing Testing • FHIP testing programs can test the housing market for all federally protected categories and local protected categories: Federal & State Race Color Religion National Origin Gender Familial Status Disability Local Jurisdictions Marital Status Source of Income Military Sexual Orientation Age

  19. Fair Housing Testing • What areas should be tested: • Housing (single family homes, condominiums, apartment complexes, mobile homes, etc.) • Real Estate Advertising • Mortgage Lending Companies • Homeowner Insurance Companies • Vacant land for residential use • Multifamily dwellings for accessibility

  20. Fair Housing Education • Volume 2, Chapter 7, Section 7.A; Fair Housing Planning Guide: Education and Outreach Activities Fact Sheets Booklets Posters Billboards Bus Cards Public Service Announcements Newspaper Articles News letters Fair Housing Information DVDs First Time Homebuyer Programs

  21. Fair Housing Education • Basic Fair Housing Law • Housing for Older Persons • Fair Housing Advertising • Fair Housing for Persons with Disabilities • Reasonable Modifications/Accommodations • Fair Housing Accessibility Requirements • Fair Housing Enforcement • First Time Homebuyers

  22. 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 • 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

  23. Best Practices • Adopting a Fair Housing Ordinance • Identifying segregated neighborhoods • Ensuring community sustainability • Addressing obstacles or obstructions created to impede affordable housing projects • Continuing with programs that facilitate homeownership • Equitable maintenance and marketing of foreclosed homes • Enforcement against those promoting practices that violate FHA

  24. How to contact FHC Location: 4760 N. US Hwy. 1, Suite 203, Melbourne, FL 32935 Telephone: 1- 888-264-5619 or (321) 757-3532 Fax: (321) 757-3535 Email: fairhousing32922@bellsouth.net Website: www.fairhousingcontinuum.org

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