Fair Housing
Applicant Screening and Tenant Selection
Civil Rights Laws
Title VI of the Civil Rights Act of
1964 (42 U.S.C.A. §2000d) ’

Title VIII of the Civil Rights Act of
1968 as Amended in 1988 - (Fair
Housing Act, 42 U.S.C §3601 et
seq.)

Section 504 of the Rehabilitation
Act of 1973

Americans with Disabilities Act of
1990.

Programs Required to Comply with the Fair
Housing Act, Title VI and Section 504


Section 221 (d)(2) Homeownership
Assistance and 221(d)(3) BelowMarket Interest Rate

Section 8 Project-Based Assistance

Section 202 with 162 Assistance –
Project Assistance Grants (Section
202 PACs)
Sections 235 and 236

Sections 232, 234(c) and 213 Condominium and Cooperative
Housing

Section 202 with Project Rental
Assistance Contracts (Section 202
PRACs)

Section 232 - Nursing Homes and
Intermediate Care Facilities


Sections 207, 220, 221(d)(3) and (4) –
Multifamily Rental Housing
Section 811 with Project Rental
Assistance Contracts (Section 811
PRACs)

Rental Assistance Payment (RAP) and
Rent Supplement
Fair Housing Act –Title VIII
Prohibits Housing Discrimination on
the Basis of:

Race

Color

Religion

Sex

National Origin

Familial Status

Disability
A Federally Funded Housing Provider
may not

Deny to any family the opportunity to
apply for housing, nor deny to any
qualified applicant the opportunity to
participate in the housing choice
voucher program

Provide housing that is different from
that provided to others

Subject anyone to segregation or
disparate treatment

Restrict anyone's access to any benefit
enjoyed by others in connection with
the housing program estate transactions

Discriminate against someone because
they are related to or associated with a
member of a protected class

Deny anyone access to the same level of
services
Your text here
A Federally Funded Housing Provider
may not

Treat a person differently in
determining eligibility or other
requirements for admission

Steer an applicant or participant
toward or away from a particular
area based any of these factors

Deny anyone the opportunity to
participate in a planning or advisory
group that is an integral part of the
housing program

Discriminate in the provision of
residential real class.

Publish or cause to be published an
advertisement or notice indicating
the availability of housing that
prefers or excludes persons who are
members of a protected
Section 504 and Title VI Require Program
Compliance
Section 504 and Title VI provides
that no qualified individual should,
by reason of his or her race, color
or national origin (Titile VI) or
disability, (504) be:

excluded from the
participation in,

denied the benefits of, or

subjected to discrimination
under any program or
activity receiving Federal
financial assistance.
Affirmative Fair Housing Marketing
Plan
What is an affirmative marketing plan>
The AFMH Plan is a marketing strategy designed to
attract all eligible buyers and renters to federally
funded or insured properties. The Plan is designed
to reach those eligible applicants least likely to
apply to a property.The Plan describes initial
advertising, outreach (community contacts) and
other marketing activities which inform potential
buyers and renters of the existence of the units.
Who Should Create an AFHMP
All applicants for subsidized and unsubsidized
multifamily projects, mobile home parks and singlefamily subdivisions of five or more units, spaces or
lots which are funded or insured under certain HUD
programs are subject to program requirements
which require an AFHM Plan.
Programs Required to Create an AFHMP
Include


Section 221 (d)(2) Homeownership
Assistance and 221(d)(3) BelowMarket Interest Rate

Section 8 Project-Based Assistance

Section 202 with 162 Assistance –
Project Assistance Grants (Section
202 PACs)
Sections 235 and 236

Sections 232, 234(c) and 213 Condominium and Cooperative
Housing

Section 202 with Project Rental
Assistance Contracts (Section 202
PRACs)

Section 232 - Nursing Homes and
Intermediate Care Facilities

Section 202 without Assistance
(Income Limits Only)

Section 207 - Mobile Home Courts


Sections 207, 220, 221(d)(3) and (4) –
Multifamily Rental Housing
Section 203(b) and (1) - One-to-FourFamily Mortgage Insurance for
Homeowners S

Rental Assistance Payment (RAP) and
Rent Supplement

ection 811 with Project Rental
Assistance Contracts (Section 811
PRACs)
How Long Does the Plan Last and When
Should it be updated?

The AFHM Plan remains in force throughout the life of a multifamily project
mortgage and/or the period for which the HUD subsidy is provided.

For single-family dwellings located in subdivisions of five or more units, the
Plan remains in effect until all the dwelling units are sold.

AFHM Plans must be reviewed

at least every five years,

when the local Community Development jurisdiction’s Consolidated Plan is
updated, or

when there are significant changes in the demographics of the project or the local
housing market area.
Creating an Affirmative Fair Housing
Marketing Plan
the U.S. Department of
Housing and Urban
Development (HUD) has
developed AFHM forms which
must be completed when
either initially applying for
funding or when the AFHM
Plan is updated (HUD Form
HUD-935.2A
Targeting: Least Likely to Apply
Identify the segments of the
eligible population which are
least likely to apply for
housing without special
outreach efforts.
 Consider the current
racial and ethnic
composition of the
residential area.
 Also consider language
barriers and income
eligibility requirements.
Outreach
Outline an outreach
program which includes
special measures designed
to attract those groups
identified as least likely to
apply and other efforts
designed to attract
persons from the total
eligible population.
Community Contacts
The housing provider must list at
least one community organization
that serves each group determined
to be least likely to apply to help
the provider in their marketing
efforts. In the plan include the
name of the contact person,
contact information, experience
working with the target population
as well as the number and
language of materials to be
provided to such agencies.
Media
The housing provider should
specify the particular means of
advertising utilized to reach a
target group and the reasoning
behind that particular type of
advertising. Advertisements
should include the fair housing
logo.
Documenting the Effectiveness of an
AFHMP
A housing provider should describe the indicators to be used to measure the
success of the marketing program such as but not limited to:

Recording information on how an individual heard about the housing and why
they decided to apply will provide useful data for the evaluation process.

Comparing the number of units now occupied by persons previously
determined to be “least likely to apply” and the number of people least likely
to apply on the waiting list prior to and after the marketing process.

Maintaining these records for the length of the AFHMP and reviewing the
effectiveness of the plan at least once a year.
Common Mistakes in Developing an
AFHMP

Incomplete information , i.e.:
number of units, price of units,
marketing area not provided

Lack of follow-up with community
contacts to ensure the housing
opportunities have been advertised

Insufficient research, i.e. all ethnic
groups are considered “least likely
to apply”

No standards to ensure the
marketing plan was effective

Lack of current staff training on
fair housing laws

Failure to advertise in places used
by people who have been deemed
“least likely to apply”
Tenant Selection Plan
For Federally Funded Properties
Elements of a Tenant Selection Plan

Right to Apply and Referrals from Public Housing
Authorities

Statement of Non-discrimination

Eligibility and Selection Criteria

Screening for Suitability. /Screening Procedures

Preferences, Priorities and Targeting

Initial Rent-Up/Lottery

Waiting Lists
Right to Apply and Referrals from Public
Housing Authorities


In fulfilling its requirements to rent subsidized units within the Development
to low income persons or families, the Housing Provider

Will accept referrals of tenants from the Public Housing Authority in the city or
town in which the Development is located

Will not unreasonably refuse occupancy to any prospective tenants so referred who
are otherwise determined to be eligible and suitable for tenancy
No person may be refused the right to apply for housing unless the
Development’s waiting list is closed for a particular unit size or type and
proper and prominent notice that the waiting list closed has occurred.
Sample Statement of Non-discrimination
In carrying out the Plan, _________shall not discriminate on the basis of race,
color, religion, national or ethnic origin, sex, familial status, disability, or other
basis prohibited by local, state or federal law in any aspect of tenant selection or
matters related to continued occupancy. _______ shall affirmatively market to
persons lease likely to apply as specified in its Affirmative Fair Housing Marketing
Plan (AFHMP) as approved by ________ or HUD.
Eligibility and Selection Criteria

To be considered for selection, applicants must submit a completed
application and relevant consent forms.

To determine threshold eligibility, the application may be accepted by a selfcertifying statement.

Third party verification shall not be required until final screening for
occupancy.

The Agent must verify the information needed to determine an applicant’s
eligibility within 90 days prior to the Agent’s approval of the tenancy.

Note: Eligibility does not constitute acceptance and further screening is
required to determine an applicant’s ability to maintain a successful
tenancy.
Project Specific Eligibility Criteria

The number of designated units and the terms of their designation

Units designated within the Development for occupancy by a special
population, such as elderly or disabled, may only be occupied by those
households meeting the criteria for such designations
Subsidy Program Requirements

Subsidy Program Requirements. Units within the Development receiving
federal or state housing subsidies may only be occupied by those households
meeting the criteria of the subsidizing program. Requirements may include:

Maximum Income.

Household Characteristics.

Student Status

Citizenship/Immigration Status Requirements
Applicant Screening Process
For Federally Funded Properties
Screening for Suitability

In selecting tenants you shall consider the essential requirements of tenancy. Rejection of an
applicant is appropriate if they cannot meet he essential requirements of tenancy, which may
include:

Ability to pay rent and other charges under the lease in a timely manner;

Ability to care for and avoid damaging the unit and common areas, to use facilities and
equipment in a reasonable way, and to not create health or safety hazards;

Not to interfere with the rights and enjoyment of others and not to damage the property of
others;

Not to engage in any activity that threatens the health, safety or right to peaceful
enjoyment of other residents or staff,

Not to engage in activity on or near the premises that involves illegal use of controlled
substances or weapons, and not to engage in any criminal activity on or off the premises that
would be detrimental to the housing should it occur on the premises; and

To comply with necessary and reasonable rules and program requirements of the housing
provider.
Mitigating Factors

Severity of the potentially disqualifying conduct;

The amount of time that has elapsed since the occurrence of such conduct;

The degree of danger, if any, to the health, safety and security of others or to
the security of the property of others or to the physical conditions of the
Development and its common areas if the conduct recurred;

The disruption, inconvenience, or financial impact that recurrence would
cause the housing provider; and

The likelihood that the applicant’s behavior will be substantially improved in
the future.
Prohibited Screening Criteria

Disability Status. Except as provided in section C.3(i) above, it is unlawful to
make an inquiry to determine if an applicant for a dwelling unit, a person
intending to reside in that dwelling unit after it is rented or made available, or
any persons associated with the applicant, has a disability or handicap, or to make
inquiry as to the nature or severity of an identified disability or handicap.

Physical Examinations. The Agent shall not require physical examinations or
medical testing as a condition of admission.

Meals and Other Services. The Agent shall not require tenants to participate in a
meals program that has not been approved by MassHousing.

Donations or Contributions. The Agent shall not require a donation, contribution
or membership fee as a condition of admission, except that cooperative housing
projects may charge a membership fee. Owners may not require any payments
not provided in the lease.
Waiting List Management
For Federally Funded Properties
Waiting Lists
Waiting lists must include the following data taken from the
application:

Date and time the applicant submitted the application;

Name of the head of household;

Annual income level (used to estimate levels for income-targeting i.e.
extremely low-income, very low-income, low-income and moderate income);

Identification of the need for an accessible unit, including the need for
accessible feature i.e. visually or hearing impaired;

Preference status; and

Unit size.
Organize Waiting Lists by Type of Unit
“Type of unit” is defined in several ways, including:

the number of bedrooms, as well as the number of bathrooms, or ancillary
rooms, such as a den or dining room;

the building structure, such as a town-house versus a garden-style unit;

the physical characteristics of the unit, such as accessible features;

the type of subsidy attached to the unit, such as project-based subsidy;

the distinction between subsidy types such as interest subsidy (basic rent
units) and deep subsidy (low rent units); and

units which are intended for occupancy by elderly persons.
Preferences, Priorities and Targeting

A Housing Provider must inform each applicant about available preferences,
and provide an opportunity for each applicant to show that they qualify for
available preferences

Preferences affect only the order of applicants on the waiting list. They do
not make anyone eligible who was not otherwise eligible, and they do not
change the Agent’s right to apply or modify the tenant selection criteria.

All preferences must comply with non-discrimination, equal opportunity,
and Fair Housing requirements, and the Development’s Affirmative Fair
Marketing Plan must demonstrate what efforts will be taken to prevent a
disparate impact or discriminatory effect on non-local residents of
protected classes.
Staff Training

The housing provider should
provide fair housing training for all
staff members on a regular basis.

The housing provider should
maintain documentation of fair
housing training, the
documentation should include;
dates, locations, agendas, and a
roster of attendees.
Best Practices

Know and understand applicable fair housing and other civil
rights laws.

Develop clear, written screening and tenant selection
policies based on verifiable facts and compliant with fair
housing laws.

Ensure all employees are informed and trained on how to
enforce policies consistently and equally among applicants
and tenants.

Keep thorough, complete, accurate documentation of all
interactions (including oral conversations) with rental
prospects, applicants, and tenants.
References

Fair Housing Act

24 CFR 100

Tenant Selection Plan



24 CFR 5.655 Owner Preferences in Selection for a Project or Unit

24 CFR 880.104, 881.104, 883.105, 884.118, 886.119, 886.318 (Applicability of 24 CFR, part 5, and
responsibilities of the owner)

24 CFR 891.410, 891.610, 891.750 (Selection and admission of tenants)
Income-Targeting (These regulations are applicable only to the Section 8 project-based program
except where otherwise noted.)

24 CFR 5.653 Admission – Income-eligibility and income-targeting

24 CFR 5.601, 5.603 (Occupancy Requirements for Section 8 Project Based Assistance)
Preferences

24 CFR 5.655, 880.602, 881.601, 883.701, 884.214, 886.132, 886.321, 891.230, 891.750 (Owner
preferences/requirements in selection for a project or unit)

24 CFR 236.715 Determination of Eligibility

24 CFR 880.612a, 881.601, 883.701, 884.223a, 886.329a (Preference for occupancy by elderly families)
References cont’d


Required Criminal and Drug Screening Standards

24 CFR part 5, subpart I – Preventing Crime in Federally Assisted Housing – Denying
Admission and Terminating Tenancy for Criminal Activity and Alcohol Abuse

24 CFR part 5, subpart J – Access to Criminal Records and Information
Screening for Suitability •


Rejecting Applicants and Denial of Rental Assistance •


24 CFR 5.655 Owner Preferences in Selection for a Project or Unit
24 CFR 880.603, 881.601, 883.701, 884.214, 886.121 and 132, 886.321 and 329,
891.410, 891.610, 891.750 (Tenant selection and admission)
Denial of Assistance to Noncitizens and DHS Appeal Process •

24 CFR part 5, subpart E – Restrictions on Assistance to Noncitizens
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