Fair Housing/Equal Opportunity

September 10, 2015
Steed Robinson, Office of Community Development
“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.”
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
Applicability
 Infrastructure
improvements
 Public Facilities
 Neighborhood Revitalization
 Economic Development
 Down-Payment Assistance
 Section 8 Rental Assistance
 Any activity receiving federal funds
Applicable Categories

Race

Color

National origin

Religion

Sex

Familial Status

Disability Status

Age (relates to employment – Georgia Law)

Any other protected categories of persons
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).
Applicable Laws and Regulations

Several Federal laws protect individuals from discrimination and apply
to CDBG funded activities. These include:
 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.
 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.
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.
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).
Applicable Laws and Regulations
New AFFH Rule
 States
and Local Governments receiving CDBG funds must
certify that they will affirmatively further fair housing (see new
AFFH Rule at 24 CFR Parts 5, 91, 92, 570, 574, 576, 903).
Applicable Laws and Regulations
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
Affirmatively Furthering Fair Housing
New HUD Rule, AFFH means taking meaningful
actions to:
 Combat discrimination
 Overcome
 Address
patterns of segregation
disparities in housing needs and access to
opportunity
Affirmatively Furthering Fair Housing
New HUD Rule
Replaces the AI with the AFH
 AFH continues to be done at the State level
DCA Recipients have record keeping
requirements
No change in DCA checklist at this time
What Can Local Governments do to Enhance AFFH Efforts?

Distribute/post fair housing brochures and posters. See HUD’s web site at
http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housi
ng_equal_opp/marketing

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
What Can Local Governments do to Enhance AFFH Efforts?

Stay informed
 DCA’s
 HUD
web page at: http://www.dca.ga.gov/main/FairHousing.asp
Exchange: https://www.hudexchange.info/
Complaints/Violations of FHEO
 Any
and all citizen complaints are reported to HUD
Fair Housing/Equal Opportunity (FHEO) for
investigation.
 Georgia
Commission for Equal Opportunity
 Additional
information can be obtained in the CDBG
Recipients’ Manual or at HUD www.hud.gov
Summation
Protected
classes
Applies broadly to our activities
Outreach/Access
Complaint process
Documentation
New AFFH Rule