This proposed rule adds to this section a new paragraph (a)(5) that requires the jurisdiction's consolidated plan to describe how the priorities and specific objectives of the jurisdiction will affirmatively further fair housing, and that the description should be done by setting forth strategies and actions consistent with the goals and other elements identified in an Equity Plan conducted in accordance with 5.154. The New Jersey Real Estate Commission (REC) requires every licensed broker or salesperson with whom you list your property to give you a copy of this notice. Are there data that HUD could provide to States to assist and facilitate the fair housing analysis required by 5.154? urban and rural areas). Trafficante Without such a guided inquiry, program participants will be greatly hindered in their efforts to redress inequities in their policies, activities, services, and programs that serve as barriers to opportunity and fair housing choice. (d) In determining whether a PHA has complied with its certification, HUD will review the PHA's circumstances, including characteristics of the population served by the PHA; characteristics of the PHA's existing housing stock; and decisions, plans, goals, priorities, strategies, and actions of the PHA, including those designed to affirmatively further fair housing. 18. August 20, 2023 at 9:30 am. Each fair housing goal will include a description of the fair housing issue it is designed to overcome. (2) Advise the program participant that the matter has been scheduled for hearing at a stated time and place. The Fair Housing HandbookHandbook - Kentucky The benefits of this rule will be accrued primarily by protected groups as defined by the Fair Housing Act. Start Printed Page 8521 Accordingly, HUD anticipates that the agency, program participants, and the public should be able to readily acclimate themselves to these processes and that the associated burden will be manageable. Visit theDivision of Human Rightsfor further information on this initiative. (3) Conducting the analysis. This proposed rule does not dictate the particular steps a program participant must take to resolve a fair housing issue. If so, which technologies have proven to be successful tools for community engagement? Then, on August 7, 2020, at 85 FR 47899, HUD promulgated a final rulePreserving Community and Neighborhood Choice (PCNC Rule)which repealed the 2015 AFFH Rule. As explained above, HUD is committed to mitigating compliance costs for these entities by providing technical assistance, including related to the HUD-provided data, particularly so that the required analysis and planning can be completed without the need to hire external consultants and contractors. California Fair Employment and Housing Act (FEHA) The California Fair Employment and Housing Act (beginning with section 12900 of the Government Code) primarily applies to any owner of a housing accommodation, which includes a lessee, sublessee, assignee, managing agent, real estate broker or salesperson, or anyone with a This proposed rule builds on the steps previously taken in HUD's 2015 Affirmatively Furthering Fair Housing (AFFH) final rule to implement the AFFH obligation and ensure that Federal funding is used in a systematic way to further the policies and goals of the Fair Housing Act. Conversely, smaller program participants tend to operate in less densely populated areas and tend to have fewer community assets. Days has the same meaning as provided in 24 CFR 570.405. These web pages will include, among other things, a dashboard to track the status of a program participant's AFFH planning and implementation-related activities and access to Equity Plan submissions, annual progress evaluation reports, and related notifications from the Department. While this rule would reduce some of the currently provided flexibility in fair housing planning, given the streamlined nature of the Equity Plan, HUD anticipates that program participants can accomplish the requirements of this rule by using their existing fair housing planning infrastructure. does not limit HUD's ability to undertake an investigation pursuant to 5.170. HUD intends to continue to provide much of the same data it made available in connection with the implementation of the 2015 AFFH Rule through the AFFH-T, which is available at The proposed rule will advance these objectives in a manner that is informed by the lessons HUD learned from the implementation of the 2015 AFFH Rule by: a. Although the Fair Housing Act was amended in 1988 to extend civil rights protections to persons with handicaps, the term disability is more commonly used and accepted today to refer to an individual's physical or mental impairment that is protected under Federal civil rights laws, the record of such an impairment, and being regarded as having such an impairment. Start Printed Page 8551 HUD will use information submitted by the public in its review of the Equity Plan. Finally, HUD will make all program participants' Equity Plans available on a HUD-maintained web page, allowing program participants to review other program participants' Equity Plans that have been accepted by HUD and learn from the experiences of those who already have been through the process. On February 9, 2023, HUD published in the Federal Register a Notice of Proposed Rulemaking (NPRM) entitled Affirmatively Furthering Fair Housing. SPECIAL ATTENTION OF: NOTICE PIH 2022-04 - HUD.gov HOUSING Housing While every effort has been made to ensure that Documents related to fair housing and other civil rights requirements enforced by FHEO. In 576.2, introductory text is added to read as follows: The term The definition of equity or equitable, which is consistent with Executive Order 13985, is intended to provide program participants with a framework for how to assess their communities in a manner that is fair, just, and impartial. The preamble identifies the statutes, executive orders, and judicial precedent that address this requirement and that place responsibility directly on certain HUD program participants, specifically local governments, States, insular areas, and PHAs, underscoring that the use of Federal funds must promote fair housing choice and open communities. A PHA is obligated to affirmatively further fair housing in its operating policies, procedures, and capital activities. (2) The citizen participation plan must require the jurisdiction to publish the proposed consolidated plan in a manner that affords its residents, public agencies, and other interested parties a reasonable opportunity to examine its content and to submit comments. Mobility strategies, on the other hand, focus on the removal of barriers that prevent people from accessing affordable housing, for example in well-resourced areas of opportunity that have historically lacked such housing and effective housing mobility programs and services. Other applicable laws and related program requirements. available at https://www.brookings.edu/research/rethinking-homeownership-incentives-to-improve-household-financial-security-and-shrink-the-racial-wealth-gap/. For complete information about, and access to, our official publications HUD is proposing to maintain the flexibilities for program participants to collaborate on their Equity Plans, while simplifying the actual procedures for those collaborations. HUD is currently implementing the obligation to AFFH by requiring that HUD program participants certify that they will affirmatively further fair housing in their programs and activities. notices and two rounds of public comment solicitation. WebTo file a lawsuit under the Fair Employment and Housing Act (FEHA), you must file a complaint and obtain a Right -to-Sue notice from the Department of Fair Employment and Housing (DFEH). Community engagement includes program participants' consideration of the views and recommendations received from members of the community and other interested parties. See Bragdon v. Abbott, 524 U.S. 624, 631 (1998) (noting that definition of disability in the Americans with Disabilities Act is drawn almost verbatim from the definition 1437 This rule creates a guided inquiry to enable program participants to engage in fair housing planning that empowers them to advance equity for members of protected class groups and underserved communities in their jurisdictions and set meaningful goals that effectuate positive fair housing outcomes. Program participants' analysis will focus, at minimum, on seven areas of inquiry specified in this section. (a) (3) Consultation must occur at various points in the fair housing planning process, meaning that, at a minimum, the jurisdiction will consult with the organizations described in this paragraph (e) in the development of both the Equity Plan and the consolidated plan. The Department has assessed the potential costs and benefits, both quantitative and qualitative, of this proposed regulatory action and has determined that the benefits would justify the costs. (v) Describe how access to affordable housing opportunities has changed in the geographic area of analysis over time. et seq.,42 U.S.C. FAIR HOUSING (1) Program participants should engage in continual evaluation of their progress, but must do so no less frequently than once per year, to determine whether any changes, adjustments, or new information requires a revision to the Equity Plan or a subsequent planning document. Start Printed Page 8524 WebOn April 11, 1968, one week after the assassination of the great civil rights leader Martin Luther King, Jr., the Fair Housing Act [42 U.S.C. Tomas Monarrez & Carina Chien, See paragraph (e) of this section for public hearing requirements, generally. e.g., (v) Program participants conducting a joint Equity Plan must have a plan for community engagement that complies with the requirements of 5.150 through 5.180, and must include the jurisdictions of each program participant, not just that of the lead entity. WebThis memorandum provides guidance to Fair Housing and Equal Opportunity (FHEO) headquarters and field staff on assessing claims by domestic violence victims of housing discrimination under the Fair Housing Act (FHAct). e.g., (e) (903.13), What is the relationship of PHA Plan to the Consolidated Plan and a PHA's Fair Housing and Civil Rights requirements? This section of the consolidated plan regulations describes the prescribed content of the State government's action plan. WebFair Housing Assistance Program ; Fair Housing Initiatives Program ; Fair Housing Accessibility FIRST PDF Reader . (8) A program participant may, if practicable, combine the requirements of this section with applicable public participation requirements of consolidated plan program participants and PHAs, subject to the following requirements: (i) This proposed rule implements the Fair Housing Act's Affirmatively Furthering Fair Housing (AFFH) mandate across the Nation to address these inequities and others that cause unequal and segregated access to housing and the platform it provides for a better life. Accordingly, the Fair Housing Act prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions because of race, color, religion, sex, familial status, national origin, or disability. It is unlawful to discriminate based on certain protected The program participant's progress evaluation includes an evaluation of the goals incorporated into these other planning documents as required pursuant to 5.154. 3601 - 3619. (iv) The jurisdiction should explore alternative public involvement techniques and quantitative ways to measure efforts that encourage citizen participation in a shared vision for change in communities and neighborhoods, and the review of program performance; Box 22001, Albany, NY 12201-2001 Customer Service: (518) 474-4429 Website: www.dos.ny.gov E-Mail: licensing@dos.ny.gov In countless communities throughout the United States, people of different races still reside separate and apart from each other in different neighborhoods, often due to past government policies and decisions. HUD commits to provide guidance to small entities on how the Equity Plan's direct questions may be answered without the need for consultants, contractors, statisticians, or other experts and how they may still establish meaningful and achievable fair housing goals that result in a material positive change. WebWe would like to show you a description here but the site wont allow us. The analysis in the proposed rule is intended to facilitate a balanced approach by permitting the identification of fair housing issues susceptible to being remedied through a variety of policies. This proposed rule would revise paragraph (c) to update terminology that is outdated. If, consistent with the criteria at 24 CFR 903.15, HUD challenges the validity of a PHA's certification, HUD will do so in writing, specifying the deficiencies, and will give the PHA an opportunity to respond to the particular challenge in writing. If voluntary resolution is not achieved and a violation is found, the Responsible Civil Rights Official shall issue a Letter of Findings to the program participant and complainant, if any. The proposed rule provides that HUD can extend that review period for good cause. e.g., Paragraph (b) of this section, which addresses the requirement to affirmatively further fair housing, provides that a State is required to certify to HUD's satisfaction that it will affirmatively further fair housing consistent with the requirements of 5.150 through 5.180 and will take no action that is inconsistent with fair housing and civil rights requirements throughout the period for which Federal financial assistance is extended. 4 0 obj WebThe Office of Fair Housing and Equal Opportunity (FHEO) enforces the Fair Housing Act and other civil rights authorities that prohibit discrimination in the sale, rental, or financing of dwellings because of race, color, national origin, religion, sex, familial status (families with children under the age of 18) or handicap (disability). By directly requiring that program participants consider community assets in their fair housing planning, this rule will prompt greater access for underserved populations to, among other features, environmentally healthy neighborhoods, grocery stores, employment opportunities that pay a living wage, and reliable transportation services. costs of racial and other forms of inequity. This section of the HTF regulation describes the eligible administrative and planning costs for administering the HTF program. Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions. The program participant will be expected to continue to set goals in subsequent planning cycles to address the still existing fair housing issue in ways that will accomplish the required material positive change. (2) The citizen participation plan must provide community residents with reasonable notice and an opportunity to comment on substantial amendments to the consolidated plan. (1) HUD specifically seeks comment below regarding how it can best ensure that community engagement is effective in informing the Equity Plan. Furthermore, researchers have found that even low-income individuals can have an increased life expectancy if they reside in more affluent and educated cities.[19]. (iii)(A) Compare the locations of publicly supported housing with the areas of concentration (identified in paragraph (d)(2)(i) of this section). S. Department of Housing and Urban Development EQUAL HOUSING OPPORTUNITY We Do Business in Accordance With the Federal Fair Housing Law (The Fair Housing Amendments Act of 1988) It is illegal to Discriminate Against Any Person Because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin In the sale or rental of Fair housing, civil rights, and equal opportunity. WebFAIR HOUSING, NOTICE OF PROPOSED RULEMAKING On February 9, 2023, HUD published in the Federal Register a Notice of Proposed Rulemaking entitled At minimum, the citizen participation plan shall include the requirement that the jurisdiction furnish appropriate auxiliary aids and services where necessary to afford persons with disabilities an equal opportunity to participate in the development of the consolidated plan. Where a community has been starved of investment, some may want to leave for other communities, while others will want to bring those resources to bear to improve the circumstances of where they live. Accordingly, the Fair Housing The new definitions include: Balanced approach, which refers to HUD's acknowledgement of the balancing of various approaches Community engagement, Affirmatively furthering fair housing and other actions HUD also welcomes comment on whether the timeframes set out in 5.162 are appropriate and what, if any, obstacles might these new timeframes present with respect to the development of the Equity Plan and compliance with other programmatic requirements? NARs NEW Fair Housing Simulation Training (December 2020) Pdf. HUD will help program participants and their communities understand the data HUD provides them. corresponding official PDF file on govinfo.gov. The change that would be made to 91.415 by this rule is to require the consortium to set forth, in its strategic plan, strategies and actions consistent with the fair housing goals identified in an Equity Plan conducted in accordance with new 5.150 through 5.180. If the program participant could not achieve an accepted AFH by the time the program participant's consolidated plan or PHA Plan was due, the automatic consequence was a cut-off of Federal funding. (v) Carry out management, coordination and monitoring of activities necessary for effective planning implementation, including with respect to any fair housing goals from the Equity Plan, but excluding the costs necessary to implement such plans. (B) Compare the demographics and location of the residents of public housing with the demographics and location of the R/ECAP. for better understanding how a document is structured but (iii)(A) How do R/ECAPs in the geographic area of analysis align with the location of publicly supported housing? identified are still with us today, even as other barriers to equal access to housing opportunities have taken on increased attention. 3535(d) and 5301-5320. The joint Equity Plan may not proceed until such time as the Responsible Civil Rights Official approves the collaboration. It is unlawful for any property owner, landlord, property manager or other person who sells, rents or leases housing, to discriminate based on certain protected characteristics, which include, but are not limited OMB Control No. (vi) What public or private policies or practices, demographic shifts, economic trends, or other factors may have caused or contributed to the patterns described in the responses to paragraphs (d)(4)(i) through (iv) of this section? As explained above, the proposed rule provides that a consolidated plan or PHA Plan (or any plan incorporated therein) may be accepted under such circumstances, but only if a program participant provides special assurances that it will submit an Equity Plan that meets the regulatory requirements within 180 days of the end of HUD's review period for the consolidated plan or PHA Plan. HAWAII PUBLIC HOUSING AUTHORITY NOTICE OF . Start Printed Page 8542 Strategies and meaningful actions may include, but are not limited to: elimination of local laws or ordinances that are barriers to equitable access to homeownership or other affordable housing opportunities; enactment of local laws or ordinances that remove barriers or increase access to homeownership or other affordable housing opportunities; build strong fair housing and civil rights protections into State and local laws; enhancing mobility strategies and encouraging development of new affordable housing in well-resourced areas of opportunity; and place-based strategies and meaningful actions that are a part of a balanced approach, including preservation of existing HUD-assisted and other affordable housing. 12705(b)(15)) requires that these program participants certify that they will affirmatively further fair housing. In 574.530, paragraph (b) is revised to read as follows: (b) Documentation of the actions the grantee has taken to affirmatively further fair housing pursuant to 5.150 through 5.180 of this title. Comments must refer to the proposal by name and docket number (FR-5593-P-01) and must be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503, Fax: (202) 395-6947, Reports Liaison Officer, Office of Public and Indian Housing, Department of Housing and Urban Development, Room 451, 7th Street SW, Washington, DC 20410. HUD seeks comment on how it can further encourage small program participants to complete joint Equity Plans. The baseline situation would reflect a similar landscape as HUD's implementation of the AFFH obligation prior to the promulgation of the 2015 AFFH Rule. Affirmatively furthering fair housing. See supra The factors had to be identified and prioritized for each fair housing issue based on the responses to the questions and data analysis conducted. (4) For the most up-to-date information on Evacuation Orders and Alerts, visit your Local Authority ); and other Federal civil rights statutes and regulations. Fair housing activities. Because larger program participants tend to operate in larger geographic areas with larger populations, in particular, large metropolitan areas, States, and insular areas, these larger program participants will have more content to analyze. This may include analysis addressed to PHA-specific programs, such as public housing, vouchers, Moving To Work, or other PHA programs, as well as by type of PHA, such as troubled or qualified PHAs.[28]. HUD will publish any written feedback that it provides on accepted Equity Plans, as well as notifications of non-acceptance, and related notifications and communications on HUD-maintained web pages. This incorporation shall include the allocation of resources necessary for achievement of the goal. limited control, the program participant must consider the types of goals it can achieve that would ameliorate the effects of prioritized fair housing issues using the authority, tools, and influence it does have, including by collaborating with other program participants. means the following categories for which program participants must establish fair housing goals to overcome identified fair housing issues: (2) Racially or ethnically concentrated areas of poverty (R/ECAPs); (3) Significant disparities in access to opportunity; (4) Inequitable access to affordable housing and homeownership opportunities; (5) Laws, ordinances, policies, practices, and procedures that impede the provision of affordable housing in well-resourced areas of opportunity, including housing that is accessible for individuals with disabilities; (6) Inequitable distribution of local resources, which may include State or municipal services, emergency services, community-based supportive services, and investments in infrastructure; and.
Southport Dr, Boynton Beach, Fl, Articles F