Handling Sexual Harassment, Domestic Violence, and Other Types

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Fair Housing
Sexual Harassment, Domestic Violence and
Other Harassment Issues
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.)

Violence against Women
Reauthorization Act of 2013

Programs Required to Comply with the Fair
Housing Act and other civil rights laws


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 –including Sexual
Harassment

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
Provisions of the Law Related to Sexual
Harassment
Sexual Harassment is found where
a tenant is subjected to a
demand for a sexual favor in
exchange for any housing
benefit, privilege or service
because of his or her sex (
Quid Quo Pro) or,
 Where the tenant is
subjected to sexual conduct
of a physical or verbal nature
and the conduct was
unwelcomed and severe
enough to alter the use and
enjoyment of the home or
creates a Hostile Environment

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
Questions?
For More Information:
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1 – 888 – 833 - 7391
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